License required. No person shall engage in any business or activity for which a fee is charged pursuant to § 152-2 without a license or permit therefor as provided by this section. The words "license" and "permit" as used throughout this chapter shall be considered interchangeable.

Application. Application for a license under this
chapter shall be made to the City Clerk on a form furnished by the
City. Such application shall contain such information as may be required
by the provisions of this chapter or as may be otherwise required
by the Council. At the time such application is made to the City Clerk,
it shall be accompanied by a fee as set by the Council to defray the
administrative costs for processing such application for a license.
Applications of drive-in theaters shall be submitted on or before
May 1 of each year.

Payment of license fee. License fees imposed under § 152-2 shall be paid by the applicant for such license on or before June 30, if such license is an annual renewal, or within 10 days after being granted during the license year. The fee paid by the applicant as provided in Subsection B shall be applied to the license fee if the total fee is paid as herein provided.

Proration or refund of license fee. The fee for a
license for less than 12 months shall be prorated pursuant to Wis.
Stats. 125.25(4), 125.26(4), 125.51(9)(a). In the event any license
is denied, the applicant shall receive a refund of the fee less $55
for the City's investigation and processing of the application.

The City Clerk may issue cigarette, soda water, and
provisional operator (bartender) licenses. All other license applications
shall be referred to the Council, together with all reports required
of City officers, for approval or disapproval at its next regular
meeting after filing. The Council shall grant or deny the application
upon the information presented to it.

Provisional operator's licenses. The City Clerk is
authorized to issue provisional operator's (bartenders) licenses,
pursuant to § 125.17(5), Wis. Stats., to individuals who
have met the following criteria:

Background check from the Police Department
indicates no alcohol or drug-related convictions in the last five
years. This includes DUI, open intoxicants, possession of paraphernalia,
underage drinking, serving minors.

The City may refuse to issue any license or permit
to an applicant who has not paid an overdue forfeiture resulting from
a violation of a City ordinance and/or any unpaid municipal taxes,
assessments or other fees. This section shall apply to all licenses
and permits issued by the City except as specifically limited by applicable
Wisconsin Statutes.

Terms of licenses. All licenses issued hereunder shall
expire on June 30 in the year of issuance unless issued for a shorter
term, when they shall expire on 12:00 midnight of the last effective
day of the license, or unless otherwise provided by these ordinances
or state laws.

Display of licenses. All licenses issued hereunder
shall be displayed upon the premises or vehicle for which issued or,
if carried on the person, shall be displayed to any officer of the
City upon request.

Compliance with ordinances required. It shall be a
condition of holding a license under this chapter that the licensee
comply with all ordinances of the City. Failure to do so shall be
cause for revocation of the license.

Exemptions. No license other than a liquor or beer
license shall be required under this section for any nonprofit educational,
charitable, civic, military or religious organization where the activity
which would otherwise be licensed is conducted for the benefit of
the members or for the benefit of the public generally.

Renewal of licenses. All applications for renewal
of licenses hereunder shall be made to the City Clerk by April 15.
Renewal of licenses shall be charged the same fee as the original
charge for issuance.

Consent to inspection. An applicant for a license
under this chapter thereby consents to the entry of police or authorized
representatives of the City upon licensed premises at all reasonable
hours for the purposes of inspection and search and consents to removal
from the premises and introduction into evidence in prosecutions for
violations of this chapter all things found therein in violation of
this chapter or state law.

Compliance with building, plumbing and electrical codes. All new applications for Retail Class A and B fermented malt beverage and intoxicating liquor licenses shall be accompanied by a statement from the Chief Building Inspector that no violation of Chapter 80, Building Construction, Chapter 106, Electrical Standards, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, Chapter 193, Plumbing Standards, and Chapter 201, Property Maintenance, of this Code exists on the premises for which the license is required. If any such violation exists, it shall be cause for withholding the license until the necessary corrections have been made and certified to by the Chief Building Inspector. Upon application for the renewal of existing Class B licenses, inspections shall occur as follows: 1/3 of the renewal applications shall be inspected annually for compliance with Chapter 80, Building Construction, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, and Chapter 201, Property Maintenance; 1/3 for compliance with Chapter 193, Plumbing Standards; and 1/3 for compliance with Chapter 106, Electrical Standards. If any violation exists, it shall be cause for withholding the license or renewal thereof until the necessary corrections have been made and certified by the Chief Building Inspector.

Revocation of licenses. Except as provided in § 152-4H, any license issued under this chapter may be revoked for cause by the Mayor or Common Council. Any licensee whose license is so revoked may apply within 10 days of the revocation for a public hearing before the Common Council. The City Clerk may suspend any direct seller or religious and charitable solicitor permits for cause until the Common Council can meet and formally review the permit. At such hearing the licensee shall be entitled to be represented by counsel. After the evidence, the Council may confirm or reverse the revocation or modify the revocation by imposing a limited period of suspension. The determination of the Council shall be final. The Police Department shall repossess any license revoked hereunder.

License. The statutory provisions of § 134.65,
with § 66.0433, Wis Stats., describing and defining licensure
with respect to cigarettes and soda water, exclusive of any provisions
therein relating to penalties to be imposed and exclusive of any regulations
for which the statutory penalty is a term of imprisonment, are hereby
adopted and by reference made a part of this section as if fully set
forth herein. Any act required to be performed or prohibited by any
statute incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made part of
this section in order to secure uniform statewide regulation of the
licensure of cigarettes and soda water.

Penalties. The penalty for violation of any provision of Subsection A shall be in conformance with the forfeiture permitted to be imposed by the statute adopted, but said fine shall not exceed the maximum fine permitted under such statute. If the statute adopted does not set forth a forfeiture, then the penalty provisions of Chapter 1, General Provisions, § 1-18 of the Code of the City of New Berlin shall apply.

The provisions of Ch. 125, Wis. Stats., describing
and defining regulations with respect to alcohol beverages, exclusive
of any provisions thereof relating to the penalty to be imposed, are
hereby adopted and made a part of this section by reference. Any act
required to be performed or prohibited by any statute incorporated
herein by reference is required or prohibited by this section. Any
future amendments, revisions or modifications of the statutes incorporated
herein are intended to be made a part of this section to secure uniform
statewide regulation of alcoholic beverages.

The City Clerk is authorized to issue temporary Class "B" licenses,
pursuant to § 125.26(6), Wis. Stats., to the Chamber of
Commerce as defined under § 125.02(3u), Wis. Stats.; bona
fide clubs; county or local fair associations or agricultural societies,
churches, lodges or societies that have been in existence for at least
six months before the date of application; and posts of veteran's
organizations. The fee for such license shall be set by the Common
Council. Application for temporary Class "B" shall be filed at least
three days prior to issuance of the license.

Late filing fee. Any renewal liquor license application which is
submitted after April 30 of the licensing year shall be assessed,
in addition to any other fee provided for under this section, a late
fee of $100.

Disclosure of offenses required. Every applicant for
a retail Class "B" license and for an operator's license shall make
full disclosure to the Council of any prior conviction of any violation
of any state or federal law or any municipal ordinance, and applicants
may be required to submit to fingerprinting at the option of the Police
Department after that Department has conducted a background check.

Sections 125-32(3) and 125.68(4), Wis. Stats., shall
apply except that no premises for which a retail Class A intoxicating
liquor license has been issued shall be permitted to remain open for
the sale of intoxicating liquor between 9:00 p.m. and 8:00 a.m. The
owner of the premises shall implement electronic cash register restrictions
to preclude the sale of Class A intoxicating liquor during these hours
and also shall establish procedures to require the verification of
the age eligibility of each purchaser.

Hotels and restaurants whose principal business is the furnishing of food or lodging to patrons, and bowling alleys and golf courses, may remain open for the conduct of their regular business, but no intoxicating liquors or fermented malt beverages shall be sold or consumed during prohibited hours as specified in Subsection F(1).

Except as provided in Subsection F(2) above, no person other than employees of the licensee or persons performing business or repair services for the licensee shall remain on the licensed premises during any of the time during which the premises are required to be closed as provided in Subsection F(1). No open containers containing alcoholic beverages shall be permitted on the licensed premises during those hours the premises are required to be closed.

Sale of liquor or beer to underage persons prohibited.
No person shall sell or give any fermented malt beverage or intoxicating
liquor to any underage person unless accompanied by an adult parent,
guardian or spouse of legal drinking age.

Purchase or possession of beer or liquor by underage
persons prohibited. No underage person shall purchase or receive,
or have in his possession, any fermented malt beverage or intoxicating
liquor unless accompanied by an adult parent, guardian or spouse of
legal drinking age.

No retail Class A license for the sale of intoxicating
liquor beverages shall be used for any premises upon which fuel for
motor vehicles is sold and directly dispensed into such motor vehicle.
The retail Class A license for the sale of fermented malt beverages
and intoxicating liquor may be issued for such a premises, provided
the license holder submits a plan of operation at the time of the
initial application or renewal thereof with a diagram or photograph
of the proposed display area for fermented malt beverages and intoxicating
liquor on premises upon which fuel for motor vehicles is sold. Such
plan of operation shall be reviewed by the Committee of the Whole,
which shall approve or disapprove of the same without referral to
the Common Council. In addition to the other grounds for revocation
set forth in this chapter, the failure to obtain approval of the plan
of operation required hereunder shall be grounds for license revocation.
It shall further be grounds for revocation if the holder of the liquor
license fails to implement electronic cash register restrictions to
preclude the sale of intoxicating liquor beverages after 9:00 p.m.
and before 8:00 a.m.

No Class "B" license or permit may be granted for
any premises where any other business is conducted in connection with
the premises, except that this restriction does not apply if the premises
for which the Class "B" license or permit is issued is connected to
premises where other business is conducted by a secondary doorway
which serves as a safety exit and is not the primary entrance to the
Class "B" premises. No other business may be conducted on premises
operating under a Class "B" license or permit. These restrictions
do not apply to any of the following:

Premises for which a temporary Class "B" license is issued under
§ 125.26(6), Wis. Stats.; if the license is one of multiple
licenses issued by the municipality to the same licensee for the same
date and times, the license is the sponsor of an event held at multiple
locations within the municipality on this date and at these times,
and an admission fee is charged for participation in the event and
no additional fee is charged for service of alcohol at the event.

Restriction on sales in residential property. No license shall be
issued to any person or entity for the purpose of possessing, selling
or offering for sale any intoxicating liquor or fermented malt beverage
in any dwelling, house, flat or residential apartment.

Abandonment of license. Any licensee granted or issued a license
to sell alcohol beverages who abandons such business shall forfeit
any right or preference the licensee may have to the holding or renewal
of such license. Abandonment shall be sufficient grounds for revocation
or nonrenewal of any alcohol beverage license. In this section, "abandon"
and "abandonment" shall mean a continuing refusal or failure of the
licensee to use the license for the purpose or purposes for which
the license was granted by the City Council for a period of one year.
The Common Council may, for good cause shown, extend the period of
permitted nonuse.

Code compliance. No Class B license may be issued unless the premises
in which the sale shall occur comply with and conform to all ordinances
and health, sanitation and building regulations of the City, as well
as the State of Wisconsin.

Partnership and corporate licensees. Each application for a retail liquor license or a renewal thereof shall include, if a partnership, the names of all partners whether general or limited. Corporate applications shall include the exact name of the corporation, its principal place of business, its registered address, its registered agent, the names of its officers and all members of its board of directors. Each such partner, officer and director shall comply with the disclosure provisions of Subsection E of this section.

Prior to acting upon any application or renewal of an intoxicating
liquor or fermented malt beverage license, the applicant shall have
fully paid all personal property taxes, real property taxes, assessments
and fees of the City, and the premises to be licensed shall fully
comply with all applicable codes, ordinances, rules and regulations
regarding building, electrical and plumbing components thereof. In
addition, the applicant shall obtain all other permits required to
occupy the licensed premises or to conduct the operations permitted
under the license from any and all City departments or other governmental
entities with jurisdiction.

All applicants for renewal under this section shall, on or before
April 30 of each year, demonstrate to the City's Committee of
the Whole that such premises are fully in compliance with all applicable
electrical, plumbing, building and zoning codes. Should the applicant
fail to bring the building into compliance or fail to have scheduled
a code inspection on or before April 30 of each year, in addition
to nonrenewal of such license, the applicant shall pay an additional
applicant fee as set by the Common Council prior to the application
for renewal being considered by the Committee of the Whole.

Definition. For the purpose of this section, "premises"
shall mean that portion of a building with an entrance and an exit
to a public walkway or parking area for all or a portion of which
a "Class A" intoxicating liquor license has been granted.

Required. All holders of “Class A” liquor
licenses shall be required, upon initial application and thereafter
upon application for renewal, to certify to the City Clerk that percentage
of the licensee’s retail sales for the license holder which
involves sales other than intoxicating liquors and fermented malt
beverages.

Partition. A license holder subject to the requirements
of this section shall implement a crowd-control or other suitable
barrier to preclude access to the merchandise area for the sale of
intoxicating liquor and/or fermented malt beverage between the hours
of 9:00 p.m. and 8:00 a.m. The license holder shall further be required
to implement electronic cash register restrictions to preclude the
sale of intoxicating liquor products during these hours, as well as
procedures to require the verification of the age eligibility of the
purchaser.

All intoxicating liquor license holders shall
submit a plan of operation at the time of initial application or renewal
thereof, with a diagram or photograph of the proposed display area
for intoxicating liquor. Such plan of operation shall be reviewed
by the Committee of the Whole, which shall approve or disapprove the
same, without reference to the City Council.

Chief of Police to conduct investigation of applicants.
Upon receipt of each application, the Clerk will refer it immediately
to the Chief of Police, who will make and complete an investigation
of the statements in such application and an investigation of each
applicant within reasonable dispatch after the application has been
filed with the Chief of Police. The Chief of Police shall endorse
his findings upon the application and deliver the application to the
City Clerk.

The
granting of a temporary extension of licensed premises for special
events shall authorize the licensee to sell or serve intoxicating
liquors or fermented malt beverages as permitted by the specific license
held during the period of time and in the area described in the application
for such temporary extension as expressly approved by the Common Council.
Such authority is contingent upon and subject to the licensee obtaining
any and all other special privileges and permits required for the
conduct of the special event for which the temporary extension of
the licensed premises is sought.

Any
person holding a valid Class "B" fermented malt beverage license,
Class B tavern license or "Class C" wine license may apply for the
temporary extension of such licensed premises for a special event.
The area which the licensee wishes to include in a temporary extension
of licensed premises must be owned by or under the control of the
licensee. The signature of both the licensee and the owner of the
property must both appear on the application. If the applicant seeks
a temporary extension of the licensed premises such that the extended
licensed premises would extend into or encroach upon any public property
or public right-of-way, the applicants shall also be required to obtain
the applicable special privilege for use of said public property or
right-of-way for the document authorized in the temporary extension
of the licensed premises to be issued by the City Clerk. The applicant
shall also be required to comply with all other applicable statutes
and ordinances.

Applicant’s responsibility. Application for the temporary extension
of licensed premises for special events shall be made by an individual,
or an authorized agent, in the case of a corporation, partnership
or limited liability company, who shall be personally responsible
for compliance with all of the terms and provisions of this section.

Application. The application for the temporary extension of licensed
premises shall be filed not less than 15 days prior to the date upon
which the applicant wishes the matter to be considered by the Common
Council, which date shall be not less than two weeks prior to the
proposed special event. Applications shall be made on forms provided
by the City Clerk and must be signed and sworn to by the applicant,
if an individual, one partner of a partnership or by a duly authorized
agent, officer or member of a corporation or limited liability company.
The application shall include the following:

Whether previous permits granted to the same applicant or to other
applicants for the same site have resulted in neighborhood problems,
including, but not limited to, complaints of loud music, noise, litter,
disorderly conduct, loitering, public urination or drunkenness, excessive
refuse, parking in unpermitted locations, or such other factors as
may reasonably relate to the public health, safety and welfare of
the community.

If the Common Council approves the application for the temporary
extension of licensed premises, the City Clerk shall issue a permit
to the applicant confirming that fact and specifying the date, period
of time and specific location for which the temporary extension shall
be in effect. The document may also contain any restrictions or conditions
which the Council may place on such approval. The City Clerk shall
not issue the permit if the applicant has not obtained all of the
required permits for the premises or final inspection of the premises
has not yet occurred.

The licensee granted a temporary extension of licensed premises for
special events may not sell any alcohol or non-alcohol beverages for
consumption in bottles and glass containers at the location of the
extension of licensed premises. Beverages may only be sold in single-service
cups or cans for on-premises consumption in the location of the temporary
extension of the licensed premises.

Each application for extension of licensed premises will be viewed
upon its own merit, and the granting of the existing alcohol beverage
license or previous temporary extension to the licensed premises will
not guarantee the issuance of a new temporary extension of licensed
premises.

The applicant shall obtain liability insurance coverage for the event
and such coverage shall provide for the City of New Berlin to be named
as an additional insured, which coverage shall be evidenced by a policy
endorsement. Said endorsement shall be filed with the Municipal Clerk
and shall evidence the liability insurance limits of not less than
$1,000,000 per occurrence and $2,000,000 in the aggregate.

In such instances where the event is recurring and there has been
a previous approved extension of premises permit issued, the applicant
may simply provide an application noting the fact that this is a recurring,
previously approved event, and giving the basic information about
the event, the date, location and specifics, together with a certificate
of liability insurance.

Failure to comply with the terms of the extension of premises permit
may result in revocation of the license by the Common Council and
prosecution of any ordinance violations and a denial of all future
applications for extension of premises. Such circumstances will be
considered at the time of renewal of the existing underlying alcohol
beverage permit.

No licensee shall sell, deal or traffic any alcohol beverages except
face-to-face with the purchaser on the licensed premises of the licensee.
This provision shall not prevent nor prohibit the licensee from delivering
goods to the buyer as an accommodation.

Applicants for Class B reserve liquor licenses may also apply for
a grant from the City to cover part of the cost of licensure. The
amount of grant money any one applicant may receive, if any, is in
the discretion of the Common Council, but in no event shall exceed
$9,500. Grants shall be considered a community development grant to
promote businesses within the City of New Berlin that apply for and
receive Class B reserve liquor licenses.

Applicants for Class B reserve liquor licenses seeking said grant
must submit a completed application to the City Clerk's Office.
Said application must be signed and notarized and the application
fee must be included. Notarized signatures are required of an individual
applicant, a partner, a partnership or an agent or owner if it is
a corporation or LLC. The applicant shall be required to explain how
the grant will be used to benefit the economic climate of the City
of New Berlin and to be eligible for a grant, an applicant must meet
all standard requirements for liquor license approvals including obtaining
an occupancy permit from the Department of Community Development.

Payment of reserve license fees. If an applicant applies for less
than a full license year or terminates their license before the end
of a license year, the reserve license fee and any portions thereof
will not be refunded nor will they be prorated.

The
City Clerk may issue, upon application, a provisional retailer license
to a person who has applied for a retailer license for the sale of
fermented malt beverages, intoxicating liquor or wine, Class A, Class
B or Class C. Such provisional license shall only authorize those
activities that the type of retailer license applied for authorizes
and shall be subject to the applicant meeting all licensing requirements
set forth in this chapter and Wis. Stats. § 125.185, as
amended. A provisional license shall expire 60 days after its issuance
or when the alcohol beverage retailer establishment license is issued
to the holder, whichever is sooner. Such provisional license may not
be renewed and may be revoked by the City Clerk if the Clerk determines
that a false statement was made on the application. The issuance of
a provisional Class B license is subject to the availability of the
license based upon the quota limitations of Wis. Stats. § 125.51.

A person who sells goods or takes sales orders for the later
delivery of goods at any location other than the permanent business
place or residence of such person, partnership, association or corporation,
and failure to obtain approval of the plan of operation required hereunder
shall be grounds for license revocation.

A direct seller who, for at least one year prior to the consideration
of the application of this section to such merchant, has continuously
operated an established place of business in this City or has continuously
resided in this City and now does business from his residence.

Any permanent merchant or employee thereof who takes
orders away from the established place of business for goods regularly
offered for sale by such merchant within this county and who delivers
such goods in his or her regular course of business.

Any person who has an established place of business
in the City where the goods being sold are offered for sale on a regular
basis and in which the buyer has initiated contact with, and specifically
requested a home visit by, such person.

Any person who claims to be a permanent merchant but
against whom complaint has been made to the Clerk that such person
is a transient merchant, provided that there is submitted to the Clerk
proof that such person has leased for at least one year, or purchased,
the premises from which he/she is conducting business or proof that
such person has conducted such business in this City for at least
one year prior to the date complaint was made.

Any charitable organization, society, association or corporation which is recognized as a tax-exempt charitable organization by federal and state authorities. Such charitable organizations, societies, associations or corporations shall be regulated as provided in § 152-6 of this chapter.

Statement as to whether the applicant has been
convicted of any crime or ordinance violation related to the applicant's
transient merchant business, or any crime or ordinance violation pertinent
to the safety of citizens, including, or of a similar nature to, fraud,
burglary, robbery, assault or sexual assault, within the last five
years, and a detailed explanation of the nature of the offense and
place of conviction.

Fee. At the time the registration is returned, a fee to cover the cost of processing the registration, as well as the required annual license fee, shall be paid to the Clerk. Such fees are stated in § 152-2 of this chapter.

Liability. The applicant shall sign a statement appointing
the Clerk his/her agent to accept service of process in any civil
action brought against the applicant arising out of any sale or service
performed by the applicant in connection with the direct sales activities
in the event the applicant cannot, after reasonable effort, be served
personally.

Chief of Police to conduct. Upon receipt of each application,
the Clerk will refer it immediately to the Chief of Police, who will
make and complete an investigation of the statements in such application
within one week after the application has been filed with the Chief
of Police. The Chief of Police shall endorse his findings upon the
application and deliver the application to the City Clerk, who shall
issue or deny the license in accordance with such findings. When the
license is issued, the applicant shall pay an annual license fee as
set by the Common Council, and the license shall be valid for one
year from the date of issue.

The applicant was convicted of a crime, statutory
or ordinance violation within the last five years, the nature of which
is directly related to the applicant's fitness to engage in direct
selling or is a violation pertinent to the safety of citizens, including,
or of a similar nature to, fraud, burglary, robbery, theft, assault
and sexual assault.

A direct seller shall not misrepresent or make
false, deceptive or misleading statements concerning the quality,
quantity or character of any goods offered for sale, the purpose of
his/her visit, his/her identity or the identity of the organization
he/she represents.

No direct seller shall make any loud noises
or use any sound-amplifying device to attract customers if the noise
produced is capable of being plainly heard outside a one-hundred-foot
radius of the source.

No permit holder under this section shall call
at any dwelling or in any way solicit at a dwelling where a sign has
been posted indicating that solicitation is generally not permitted
or is restricted to particular hours. Such sign shall be placed either
below the house street number or attached to or suspended from the
mail box.

After the initial greeting and before any other
statement is made to a prospective customer, a direct seller shall
expressly disclose his/her name, the name of the company or organization
he/she is affiliated with, if any, and the identity of goods or services
he/she offers to sell.

If any sale of goods is made by a direct seller,
or any sales order for the later delivery of goods is taken by the
seller, the buyer shall have the right to cancel the transaction if
it involves the extension of credit or is a cash transaction of more
than $25; in accordance with the procedure as set forth in § 423.203,
Wis. Stats., the seller shall give the buyer two copies of a typed
or printed notice of that fact. Such notice shall conform to the requirements
of § 423.203(1)(a), (b) and (c), (2) and (3), Wis. Stats.

If the direct seller takes a sales order for
the later delivery of goods, he/she shall, at the time the order is
taken, provide the buyer with a written statement containing the terms
of the agreement; the amount paid in advance, whether full, partial
or no advance payment is made; the name, address and telephone number
of the seller; the delivery or performance date; and whether a guaranty
or warranty is provided and, if so, the terms thereof.

Records. The Chief of Police shall report to the Clerk
all convictions for violation of provisions of this section and the
Clerk shall note any such violation on the record of the registrant
convicted.

Registration may be revoked by the City Council, after
notice and hearing, if the registrant made any material omission or
materially inaccurate statement in the application for registration;
made any fraudulent, false, deceptive or misleading statement or representation
in the course of engaging in direct sales; violated any provisions
of this section; or was convicted of any crime or ordinance or statutory
violation which is directly related to the registrant's fitness to
engage in direct selling or is a violation pertinent to the safety
of citizens, including, or of a similar nature to, fraud, burglary,
robbery, theft, assault and sexual assault.

Written notice of the hearing shall be served personally
on the registrant at least 72 hours prior to the time set for the
hearing; such notice shall contain the time and place of hearing and
a statement of the acts upon which the hearing will be based.

Minor employment laws adopted. Except as otherwise
specifically provided in this chapter, the statutory provisions in
§§ 103.21, 103.23 and 103.25, Wis. Stats., describing
and defining regulations with respect to the employment of minors
are hereby adopted and by reference made a part of this chapter as
if fully set forth herein.

Suspensions of license. Registration may be suspended by the City
Clerk pending the determination by the Common Council of the revocation
of a license where the City Clerk has credible evidence that the registrant
is engaged in conduct which has or may jeopardize the safety of citizens
such as perpetrating a fraud or commitment of a burglary, robbery,
theft, assault or sexual assault. Written notice of the suspension
shall be served personally upon the registrant or, if the registrant
cannot be found despite reasonable attempts to serve him/her, the
notice may be tendered the registrant at the address given in its
application for the direct seller license.

Permit required. Any charitable organization, society,
association or corporation may solicit upon obtaining a permit subject
to the regulations and conditions herein provided. Such solicitation
may be for money, donations of money or property, in public places,
or in private places that are not posted against such solicitation.
The applicant shall furnish the City Clerk a sworn application which
shall give the following information:

Documents showing the amounts distributed in the last
fiscal year by the organization for its charitable purposes as well
as the percentage that amount represents of the total amounts collected.
If the organization has been in operation less than one year, a statement
of the preceding operating month may be substituted in its place.

Chief of Police to conduct investigation of solicitors.
Upon receipt of each application, the Clerk will refer it immediately
to the Chief of Police, who will make and complete an investigation
of the statements in such application and an investigation of each
representative of the organization and each solicitor within one week
after the application has been filed with the Chief of Police. The
Chief of Police shall endorse his findings upon the application and
deliver the application to the City Clerk.

Issuance of permit. Upon being satisfied that the
applicant is a qualified charitable organization, that the costs of
solicitation do not exceed 50% of the total collected and that none
of the solicitors have been convicted of a felony, misdemeanor or
other offense, the circumstances of which substantially relate to
the activity of engaging in charitable solicitations, the City Clerk
shall issue a license without charge except for the application fee.
If not so satisfied, the City Clerk shall, within 10 days of filing,
refer the application to the Common Council. Upon being satisfied
that the applicant is a qualified charitable organization, that the
costs of solicitation do not exceed 50% of the total collected and
that none of the solicitors have been convicted of a felony, misdemeanor
or other offense, the circumstances of which substantially relate
to the activity of engaging in charitable solicitations, the Common
Council shall order the City Clerk to issue the license. If not so
satisfied, the Common Council shall deny the application.

On any premises, whether residential, commercial or
industrial, that is posted in such a manner as to prohibit solicitation.
Any sign or poster that contains the words "No Soliciting," "No Peddlers"
or "No Peddlers or Solicitors," or a combination thereof, shall constitute
a prohibition under this section.

Inside the City Hall, in City parks or in or upon
any other City-owned or -operated property, without the permission
of the Mayor and City Council, who shall designate the areas, times
and duration of solicitation, which shall not exceed two weeks for
any one organization in a calendar year.

At a dwelling where a sign has been posted indicating
that solicitation is generally not permitted or is restricted to particular
hours. Such sign shall be placed either below the house street number
or attached to or suspended from the mail box.

Application. The application shall show the location
and capacity of the drive-in theater and the names of the owner and
manager of the same, shall contain evidence that the theater premises
are constructed and maintained in compliance with all safety and building
regulations pertaining to the premises and shall set forth in detail
a plan for policing the premises and regulating the flow of traffic
in and out of the theater premises, which plan shall meet the minimum
requirements of this section. The application shall be accompanied
by the required fee and a certificate from an insurance company showing
compliance with the insurance requirements of this section.

Police supervision and traffic regulations. At all
times when a drive-in theater is presenting any movie or other entertainment
open to the public, and for 1/2 hour after such entertainment is concluded,
the drive-in theater shall adequately police the premises and direct
traffic to and from the premises and shall have a minimum of two employees
for each movie screen policing the premises. The employees performing
such policing duty shall be persons approved by the Council and, if
possible, shall be special deputies or constables having the authority
of duly constituted peace officers, but shall be paid by the applicant.

Cleaning premises. The licensee shall keep the premises
clean of waste paper, boxes and debris by picking up all such material
each day following a public opening and shall enclose the licensed
premises with a tight fence sufficient to keep such waste paper, etc.,
from blowing on adjoining premises.

Liability insurance. The licensee shall, at all times,
take out and keep in full force and effect adequate public liability
insurance, which insurance shall indemnify the City from any liability
arising from the operation and maintenance of overhead lights or other
objects obstructing or overhanging the public highway, located on
the licensee's premises or the highway in front of such premises,
including lights or objects maintained or operated in connection with
the drive-in theater, by or with the consent of the City.

No license shall be required for a practice target
shooting gallery installed in the basement of a one-family residential
dwelling, provided such shooting gallery is limited to the use of
air rifles, CO-2 or spring-type air guns, rim-fire- or centre-fire-type
firearms utilizing lead alloy bullets or steel shot fired at a velocity
not in excess of 750 feet per second. Metal-piercing-type bullets
and jacketed-type bullets are prohibited. Such range may be used for
archery.

The target butt shall be constructed of straw
or other suitable fiber material sufficiently thick to completely
retain any type of arrow loosed against it. Minimum size of archery
target butt shall be not less than 48 inches in diameter if circular
shape and not less than 48 inches along each side if square shape.

A warning safety line consisting of at least
one strand of rope or wire suitably suspended tautly from posts and
mounted not less than two feet nor more than 2 1/2 feet above
ground level shall completely enclose the range area, extending not
less than 10 feet to either side of a line projected from the target
face to the loosing point and enclosing the area from target butt
to loosing point to warn a person from moving into the path of the
arrow.

No license shall be required for a portable archery
target butt range set, when such is temporarily installed on any public
recreation premises, when such archery program is under the immediate
and direct supervision of a qualified instructor and is being operated
by such instructor as a part of a recognized and organized recreation
program. Such archery target butts installed shall be completely dismantled
and removed from the premises when the instruction period has ended.
The warning safety line is not required for such supervised instruction
range.

No license shall be required for premises utilized by a bona fide law enforcement agency for training in the use of firearms and discharge thereof. Prior to the use of such premises for such purpose, the owner thereof or law enforcement agency intending to utilize the premises shall deposit with the City Clerk's office either insurance as required for a premises utilized for target shooting as required by Subsection H of this section or other releases of liability or hold harmless agreement as required by the City Clerk's office.

Licenses for corporation, etc. No corporation, firm,
association or club shall be granted a license hereunder except to
an agent thereof first duly appointed by it who is, at the time of
filing said application, an officer, manager or member thereof, a
citizen of the United States, a resident of the City continuously
for at least two years prior to the date of said application and who
shall have vested in him by properly authorized and executed written
delegation full authority and control of the premises described in
his license and of the conduct of all business and acts thereon and
who shall with respect to his qualifications be satisfactory to the
Chief of Police and the Council. Such agent shall be personally responsible
for compliance with all the terms and provisions of this section.
If such appointed agent shall during any license year cease to be
an officer, manager or member of any corporation, firm, association
or club on whose behalf said license was issued, a new license shall
be required and application therefor shall be forthwith made pursuant
to the terms and provisions of this section.

Licenses for individuals. No individual shall be granted
a license hereunder unless he shall have been, at the time of filing
said application, a citizen of the United States and a resident of
the City continuously for at least two years prior to the date of
said application, nor unless said individual is with respect to his
qualifications satisfactory to the Chief of Police and the Council.

Application. Application for a license for any premises
required to be licensed hereunder shall be made in writing and be
accompanied by the license fee. Said application shall contain the
following information:

One or more officers of the corporation, firm, association
or club shall provide to the Chief of Police documentation certifying
that the firearms range meets the safety specifications set forth
in the preceding subsections and a copy of the range site plans. The
Chief of Police shall review the report and submit a recommendation
with the application to the Council.

Premises to be licensed as an archery range shall
meet the safety specifications to the standard set forth for indoor
and outdoor ranges by the National Field Archery Association (NFAA).
One or more officers of the corporation, firm, association or club
shall provide to the Chief of Police documentation certifying that
the range meets the safety specifications set forth by the NFAA and
a copy of the range site plans. The Chief of Police shall review the
report and submit a recommendation with the application to the Council.

Insurance requirements for shooting galleries, archery
ranges and other licensed shooting premises. No license will be issued
hereunder until the applicant shall have filed with the City Clerk
a policy of liability insurance, or evidence of the issuance thereof,
or evidence showing that insurance coverage to the extent set forth
hereafter is presently in existence, that would cover the operation
of each place of business or premises operated or maintained under
this section, said policy of insurance to insure the City and the
applicant, together with all licensees, invitees and the members of
any applicant, against liability for damages growing or arising out
of the operation of such shooting gallery, shooting range or archery
range.

Upon all premises used as an archery range, said policy
of insurance shall be in limits of $1,000,000 for injuries or death
of one person and $3,000,000 for the injuries or deaths of two or
more persons injured or killed in the same accident and to the extent
of $50,000 for the injury or destruction of property. Upon all premises
used as a shooting gallery, target shooting, trap and skeet shooting,
said policy of insurance shall be in limits of $1,000,000 for injuries
or death of one person and $3,000,000 for the injuries or deaths of
two or more persons injured or killed in the same accident and to
the extent of $50,000 for the injury or destruction of property.

If at any time said policy of insurance is canceled
or materially modified by the issuing company, or the authority of
such issuing company to do business in the State of Wisconsin is revoked,
the issuing company shall thereupon immediately notify the City Clerk
of these facts and the party to whom any license has been issued shall
immediately replace said policy with another satisfactory to the Council.
The license holder shall provide a certificate of insurance documenting
the aforementioned coverages as well as the requirements of this paragraph
to the City Clerk. In the event the license holder defaults in the
requirements of this paragraph, said license may be immediately revoked.

No person shall operate any loudspeakers or sound-amplifying
devices in open-air theaters, places of amusement, upon the public
highways or elsewhere within the City without first obtaining a permit
therefor from the Chief of Police.

Application for such permit shall be made in writing
to the Chief of Police, and if he is satisfied that such loudspeaker
and sound-amplifying device will be operated at such volume and be
so located as not to constitute a public nuisance, he may issue a
permit therefor.

This section does not apply to public address systems
and sound amplifiers operated within buildings which are completely
enclosed so that the sound amplification does not cause disturbance
outside of the building.[1]

Any amendment to a permit issued under this section
shall require Common Council approval. In the event that any amendment
to an existing permit is issued, City Clerk shall so advise the Chief
of Police of that change.

License required. Every owner of a dog which is more than five months
of age on January 1 of any year shall annually, at the time and in
the manner prescribed by law for the payment of personal property
taxes, obtain a license therefore. Wis. Stats. § 174.05.

Fees. The owner shall pay to the City Clerk annually a fee as provided in § 152-2 of this chapter. In lieu of any other penalty, a late fee as provided in § 152-2 shall be assessed and collected pursuant to § 174.05, Wis. Stats., to any owner of a dog five months of age or over, if the owner failed to obtain a license prior to April 1 of each year, within 30 days of acquiring ownership of a licensable dog or if the owner failed to obtain a license on or before the dog reached licensable age.

Issuance of license. Upon payment to the City of the required fee
and certification that the dog has not been declared dangerous in
another community, the City Clerk shall issue a license to keep the
dog for one year. The owner shall display the license tag provided
by the City Clerk upon the dog's collar. Displaying the tag on
a collar does not apply to a dog during competition or training, to
a dog securely confined indoors, to a dog while hunting, herding or
controlling livestock if it is under control of its owner, or a dog
secured in a fenced area. Wis. Stats. § 174.07.

Any individual that has the right of property in an animal
or who keeps, harbors, cares for, acts as its custodian or who knowingly
permits an animal to remain on or about his premises and/or property.

The owner allows the place where the dog is kept to become unsanitary
or to produce offensive odors or conditions in a habitual, consistent,
or persistent manner which annoys or offends the general sensibilities
of two or more households in the immediate neighborhood which is substantiated
by written complaints;

Designation of a dog as dangerous: any dog which, without provocation or extenuating circumstances as defined in § 152-10I, inflicts severe bodily harm on a person or domestic animal within the City of New Berlin, shall be considered a dangerous dog and shall be penalized by a fine. Upon an animal being declared dangerous in New Berlin or any other jurisdiction, the owner shall immediately comply with all the requirements in § 152-10G(3).

Provide that the dog be securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent the entry
of young children, designed to prevent the animal from escaping, and
designed so that the snout of the dog cannot protrude beyond the enclosure.
The owner must provide protection from the elements for the dog. Underground
fences are not sufficient to contain these dogs.

Be permitted to take the dog off the owner's premises if
restrained by a suitable lead not exceeding four feet in length and
is under the control of an able-bodied adult and muzzled to prevent
it from biting any person or animal.

Submit payment of an annual fee to the Clerk's office as provided in Chapter 152 (Licenses and Permits) to reflect the cost of administration and recordkeeping. The fee shall be valid for one calendar year, expiring on December 31 of each year.

A dangerous dog that runs at large or commits a repeat offense, as defined in § 152-10G(1), may be fined and/or impounded. Upon judgment of conviction in court, the dog shall be removed from the City and shall be addressed in accordance with the procedure and the standards set forth in Chapter 174 of the Wisconsin Statutes, which may include impoundment or euthanization.

Any dog which, without provocation or extenuating circumstances, menaces, chases or displays threatening behavior which endangers the safety of a person or domestic animal shall be considered potentially dangerous and shall comply with the provisions of this Subsection H.

After a period of 18 months without further incidents, the owner
may present proof of successful test completion of the American Kennel
Club Canine Good Citizen course to the Clerk's office to have
the designation removed.

The owner of said dog shall submit payment of an annual fee to the Clerk's office as provided in Chapter 152 (Licenses and Permits) to reflect the cost of administration and recordkeeping. The fee shall be valid for one calendar year, expiring on December 31 of each year.

Disposition of unclaimed dogs. The keeper of the designated confinement
facility shall keep all dogs apprehended as provided herein for a
period of seven days at the designated facility, unless claimed sooner
by the owner or keeper. If any dog is not reclaimed by the rightful
owner within such time, the dog may be sold for the amount incurred
in the apprehending, keeping and caring for the dog or may be destroyed
in a proper and humane manner in accordance with the approved contract.

Owner to pay costs. The owner of any dog so confined may reclaim
the dog at any time before the same is disposed of, upon payment of
all costs and charges incurred in the apprehension, keeping and care
of the dog. Such fees shall be as set by the Common Council for the
apprehension and care of the dog, if such dog is reclaimed within
24 hours of apprehension. If the dog is reclaimed at any time after
24 hours of apprehension, up to and including the seventh day, the
fee shall be as set by the Common Council, plus any expenses for inoculations
or other medical treatment of the dog.

School property. No owner, keeper or person in control of a dog shall
allow the dog on lands owned or used by the City public schools. This
prohibition shall not include disabled persons, as that term would
be defined by applicable state or federal law or regulation, whose
handicap requires the use of specially trained dogs, police K-9s,
nor dogs for approved on-site educational purposes.

Forfeiture. Any person who violates this section shall be subject to a penalty as provided in § 1-18 of this Municipal Code. Each day a violation exists constitutes a separate violation and is punishable as such.

Granted. The City does hereby grant unto the Milwaukee
Gas Light Company (Wisconsin Gas Company) of Milwaukee, Wisconsin,
its successors or assigns, a franchise under and pursuant to the terms
of § 66.0815, Wis. Stats., as a public utility to engage
in the distribution and sale to the public of manufactured or natural
gas in, upon and under the public streets and grounds within the corporate
limits of the City.

This franchise is granted upon the condition that
the public utility shall obtain authorization from the Wisconsin Public
Service Commission in accordance with § 196.49, Wis. Stats.,
and no privileges shall be exercised under this franchise until such
authorization is obtained.

This franchise is granted upon the further condition
that the public utility company shall obtain a specific ruling from
the Public Service Commission or a court of competent jurisdiction
that the 1950 boundary agreement between the Wisconsin Natural Gas
Company and the Milwaukee Gas Light Company does not, as between the
companies, bar the Milwaukee Gas Light Company from operation in the
City.

Rules and regulations. This franchise is subject to
the reasonable rules and regulations as the City Council may from
time to time prescribe and until otherwise changed by ordinance shall
be subject to the following regulations which the public utility accepts
as reasonable:

No work shall be performed and no opening or excavation
shall be made within the limits of any of the public streets, alleys
or public ways in the City without prior notification in writing to
the City or its designated representative before the performance of
the work, and no such work shall be done without a street occupancy
permit from the Board of Public Works.

All construction work, excavations, equipment and
other hazardous conditions in connection with such construction work
shall be properly barricaded and protected by the public utility with
suitable lights and signs so as to protect the traveling public upon
the public streets and highways at all times while work is in progress,
and the public utility agrees to indemnify and save harmless the City
of New Berlin against any claims, demands or liabilities arising out
of or caused by such construction work, excavation, equipment or hazardous
conditions, including court costs and attorneys' fees incurred in
the defense of such claims and including liability imposed by the
law under § 81.15, Wis. Stats.,[1] caused by the failure of the public utility to repair
or restore the highway to its former condition as hereinafter provided.

Upon completion of its work, the public utility shall
restore all streets and highways to their former condition and all
ditches and excavations shall be backfilled in accordance with the
regulations of the City.

Before laying any main or pipe or other installation
under the provisions of this section, the utility shall furnish the
City a plan showing the construction and the proposed location thereof
and upon completion of the work shall furnish the City completed drawings
showing the depth and location of its installations.

All pipelines and other installations shall be laid
so as to not interfere with the use of the highways by the public
or the use of the adjoining land by the owners thereof, and no trees
shall be cut, trimmed or removed without the consent of the owner
of the tree.

Includes any dance or acts of entertainment to which admission
can be had by the public generally upon payment of a fee or by the
purchase, possession or presentation of a ticket or token, or in which
a charge is made for caring for clothing or other property, or any
other dance to which the public generally without restriction may
gain admission with or without payment of a fee, or any dance operated
for profit, or any dance or entertainment act offered by paid entertainers
upon any premises licensed for the sale of fermented malt beverages
or intoxicating liquor, whether or not any charge is made therefor.

Any structure, tent or outdoor area where any public dancing
is conducted or permitted, or any place at which classes in dancing
are held and instruction in dancing given for hire except where such
instruction for hire is limited to children not over 17 years of age.
"Public dance hall" shall include any premises licensed for the sale
of fermented malt beverages or intoxicating liquor where dancing by
the public is conducted or permitted.

License required. No person, firm or corporation shall
use any premises within the City for a public dance or entertainment
act unless a license therefor shall have been granted by the Common
Council as hereinafter provided.

Application for license. Application for a license
for operation of a public dance hall within the City shall be filed
with the City Clerk and accompanied by the fee fixed by this section
for such license. Such fee will be returned to the applicant if license
is denied. The application shall be in writing and set forth the following:

Full detailed disclosure as to place, nature of the
offense and penalty imposed on any conviction of a violation of any
law of the United States, the State of Wisconsin or other states or
ordinance of the City within the two years prior to current application
date, or whether the applicant faces trial upon any such offenses
at the time of application.

Processing of application. Upon receipt of application
the City Clerk shall forward it to the Committee of the Whole of the
Council within three days. The Committee of the Whole shall make such
examination of the information set forth in the application as it
may deem necessary to verify or confirm truthfulness. The Committee
of the Whole shall report the application and the facts of its inquiry
to the Council within 15 days of its receipt of the application from
the City Clerk.

Class "A" license, required for the premises on which
a public dance is held where a charge is made for admission or where
admission is by means of the purchase, possession or presentation
of a ticket or token, or where the dance is advertised as a dance
and where musicians are employed to provide music for such dancing.

Class "B" license, required for the premises where
dancing is incidental to other business conducted on the premises
and where no charge or fee, either directly or indirectly, is made
for admission, and dancing is not advertised as such, and where there
are no musicians employed to furnish music for dancing.

Exemptions from licensing requirements. Premises owned,
leased or otherwise under direct control of the school districts within
the City shall be exempt from the requirements of this section, provided
the dances or entertainment acts offered on such premises are offered
by persons who are active students within the New Berlin school system,
or under the direct sponsorship of school staff as a school function.
Attendance at such dances on such premises shall not be limited to
enrolled students but may include the invited public, provided sponsorship
is retained under control of the school boards.

No license shall be issued for a premises until it
shall be found that such premises is a safe and proper place to conduct
a public dance and that the structure is properly ventilated and supplied
with sufficient toilet conveniences.

No person who is the proprietor or manager of a licensed
premises, or who is in charge of any public dance, shall permit the
use of intoxicating liquor in violation of the law, or the presence
of intoxicated persons on such premises, or the presence of any child
of 17 years of age or less who is not accompanied by his parents or
legal guardian.

No public dancing shall be permitted, nor shall any
music be furnished or played, from 1:00 a.m. to 8:00 a.m. except when
such times are extended for the period from 2:00 a.m. to 8:00 a.m.
during daylight saving time periods and 3:00 a.m. to 8:00 a.m. on
January 1 of each year.

Authority to close premises. The Chief of Police or
his representative shall order the premises closed, and all persons
present to vacate and leave the premises, whenever any provision of
the Code with regard to public dances is being violated, or whenever
any indecent acts shall be committed or when any disorders of a gross,
violent or vulgar character shall take place. Any such order given
to close or vacate a licensed premises shall be considered a temporary
measure for public safety and shall terminate after eight hours from
the time the order is given. The Chief of Police shall cause a report
to be made of each such order to vacate to the Committee of the Whole.

Revocation of license. The license of any public dance hall may be revoked or suspended by the Council for violations of the provisions of this section. The procedures for revocation of licenses shall be the procedures as detailed in § 152-1, Subsection O, of this chapter.

The Chief of Police and police officers of the City
are recommended and selected as persons to supervise public dances,
and the Chief of Police shall make assignments of officers for the
supervision of public dances in such manner, and at such times, as
he may deem necessary and proper or upon request of a licensee for
the services of police officers to supervise a special event. When
New Berlin police officers are assigned such special duty at any public
dance as deemed necessary by the Chief of Police, or upon request
of the licensee, the cost of such police officers' time shall be the
rate of pay for senior patrolmen. The Chief of Police shall direct
an invoice to the licensee, detailing the number of officers and the
total hours of time and cost. The licensee shall make remittance directly
to the City Clerk.

Any and all fees for licenses, as provided in this
section, shall be paid to the City Clerk and shall accompany the application
for license when it is first submitted. Such fees shall be retained
by the City for the administration and enforcement of this section.[1]

Legislative declaration. The Common Council hereby
declares it necessary to regulate the owners of taxicabs and the drivers
thereof by license, under the authority of §§ 349.24
and 62.11(5), Wis. Stats.

A license issued by the Common Council to a person, firm
or corporation having the ownership, control or use of one or more
taxicabs, and authorizing the operation thereof within the City of
New Berlin.

Exception. No license shall be required under this
section either as to owner or driver for the operating or driving
of a cab licensed by another municipality which is only delivering
a passenger to a point in the City of New Berlin.

Applications. Applications for taxicab business licenses
shall be on forms furnished by the City Clerk. They shall set forth
the name and business address of the applicant; his residence; length
of time a resident in his municipality; the type of license applied
for; the number of cabs to be operated in the business; a description
of each cab, including the motor and serial numbers, the make or model,
the year of manufacture, and such other pertinent identification information
as the Clerk shall require; the name of the insurance companies furnishing
the liability insurance required hereunder; if a partnership, the
names and addresses of all partners; if a corporation, the name and
address and place of incorporation and the name and address of all
officers and the corporate agent. Applications shall be addressed
to the Committee of the Whole. Applications should also show the experience
of the applicant in the transportation of passengers, the location
of proposed depots and terminals, the color of insignia to be used
to designate the vehicles of the applicant, any facts which the applicant
believes tend to prove that public convenience and necessity require
the granting of a license and the financial responsibility of the
applicant, including the amounts of all unpaid judgments against the
applicant.

Qualifications. Licensees must be of good moral character,
capable of meeting all the terms and requirements of this section,
financially responsible and capable of providing safe, reliable taxicab
transportation to serve the public convenience and necessity in the
City.

Agent required for corporation. Each corporate applicant
shall first appoint an agent who shall at all times have full authority
and control of that part of the taxicab business which is conducted
in the City. Such agent shall meet the qualifications of this section
and shall be personally responsible for any violations of this section
by the corporation. Substitution of successor agent may be only upon
written approval of the Mayor. Any corporate licensee which fails
to comply with this section shall forfeit its license.

Public hearing. Upon initial application being filed
for a taxicab business license, the City Clerk shall publish a notice
of public hearing in the official City newspaper. At least seven days
shall elapse between the date of publication and the date of the hearing.
The hearing shall be held before the Committee of the Whole. After
the hearing, and upon a determination that the applicant meets the
qualifications and other terms and provisions of this section, and
upon a finding that the public convenience and necessity requires
the issuance thereof, the Common Council shall issue the taxicab business
license. No license shall be deemed issued until the Clerk has actually
delivered the license certificate to the applicant.

License certificate. The license certificate shall
be upon forms prepared by the City Clerk. It shall contain the name
and address of the licensee, the date of issuance or renewal, and
the number of cabs for which issued.

License renewals. A license may be renewed annually
upon a showing by the taxicab business licensee that he continues
to comply with all terms of this section. A renewal application shall
be filed with the Clerk not later than May 15. Such application shall
contain a statement of any information differing from that filed in
any preceding application and any further information required to
give the Common Council a full and complete report on the applicant.

Council approval required to increase number
of cabs. No taxicab business licensed under this section shall increase
the number of taxicabs operated by it in New Berlin without the consent
of the Common Council.

Revocation. The Common Council may revoke or
suspend any license for violation of the terms of this section or
for conduct by any operator or his servants, agents or employees which
threatens the public safety, or which provokes or tends to provoke
violence or which defrauds or endangers any person or passenger, or
for failure to render adequate and timely service. Such revocation
or suspension shall be after a public hearing before the Common Council,
with at least 48 hours' notice thereof to be given the licensee, except
that the Chief of Police shall have the power of summary suspension
for 24 hours to preserve the public peace.

Taximeter required. All taxicabs operated under this
section shall be equipped with taximeters fastened in such place as
to be readily visible to passengers at all times, day or night; after
sundown, the face of the taximeter shall be illuminated. Said taximeter
shall be operated mechanically by a mechanism of standard design and
construction, driven either from the transmission or from one of the
front wheels by a flexible and permanently attached driving mechanism.
It shall be sealed at all points and connections, which, if manipulated,
would affect its correct reading and recording. Each taximeter shall
have thereon a flag to denote when the vehicle is employed and when
it is not employed; and it shall be the duty of the taxicab driver
to throw the flag of such taximeter into a nonrecording position at
the termination of each trip. The taximeters shall be subject to inspection
from time to time by the Police Department and by the City Sealer.
Upon the discovery of any inaccuracy in any such taximeter, any police
officer or the City Sealer is authorized to notify the person operating
said taxicab to cease operation. Thereupon said taxicab shall be kept
out of service until the taximeter is repaired and in good working
condition.

Insurance. No taxicab owner's license shall be issued
until a certificate of liability insurance is filed with the City
Clerk showing insurance in force of $50,000/$100,000/$10,000 limits,
written by an insurance company licensed to do business in the State
of Wisconsin, and providing for 10 days' advance notice to the City
in the event of cancellation. Cancellation of insurance shall be cause
for immediate and summary suspension of the taxicab owner's license.

Inspection. No person shall operate any taxicab in
the City which is mechanically unsafe, particularly in respect to
brakes, steering apparatus and tires. Any officer of the New Berlin
Police Department may inspect or cause to be inspected any taxicab
to determine whether it is safe for public hire. Refusal to permit
inspection shall be cause for suspension of the taxicab's or taxicab
driver's license.

Application. Application for a taxicab driver's license
shall be on forms supplied by the City Clerk. It shall set forth the
applicant's full name, residence, places of residence for five years
prior to moving to his present address, age, color, height, color
of eyes and hair, place of birth, length of time a resident of the
City, whether a citizen of the United States, marital status, whether
ever convicted of a felony or misdemeanor and, if so, in which court,
whether previously licensed as a driver or chauffeur and, if so, whether
his license was revoked and for what cause. The application must be
signed by the applicant and a copy thereof forwarded to the Police
Department by the City Clerk.

Qualifications. Each applicant must be over 18 years
of age, of sound physique and good eyesight and not subject to epilepsy,
vertigo, heart trouble or other infirmity likely to render him unfit
for the safe operation of a taxicab. The applicant must be able to
read and write the English language, be clean in dress and person
and not addicted to the use of intoxicating liquors and drugs. The
applicant must be of good moral character.

Police investigation and report on applicant. The
Police Department shall take or cause to be taken the fingerprints
of the applicant and shall investigate his qualifications and fitness
to hold a taxicab chauffeur's license. The Chief of Police shall make
a written report on the applicant to the Committee of the Whole of
the Common Council.

Subsequent record to be kept by police. There shall
be kept in the office of the Chief of Police a complete record of
each license issued to a taxicab driver and of all renewals and revocations
thereof. Also contained therein shall be a record of each violation
of law by the licensee. Each new violation shall be reported to the
Committee of the Whole.

Each applicant must file with his application
two recent photographs of a size which may be readily attached to
the taxicab driver’s license, one of which shall be attached
to said license if issued, the other filed with the application. The
license shall be exhibited or displayed by the driver.

Council to act on applications. The Committee of the
Whole shall report on taxicab driver's license applications. The Common
Council shall determine whether the applicant is qualified to hold
such license and, accordingly, shall proceed to grant or deny such
license.

Renewal. The Committee of the Whole shall have the
power to renew a taxicab driver's license from year to year upon receipt
of a renewal application and a showing that the holder thereof remains
qualified to hold said license.

Revocation. Taxicab driver's licenses may be revoked
or suspended at any time by the Committee of the Whole for violation
of this section or for other adequate cause. The Police Department
shall be notified of the Committee's action. Revocation shall take
effect only after the licensee has been given a hearing and an opportunity
to present evidence in his behalf.

License and badge to be exhibited. Each licensed taxicab
driver shall, upon demand of a policeman or passenger, exhibit his
taxicab driver's license together with the photograph attached. Further,
each taxicab driver shall constantly and conspicuously display his
badge on the outside of his coat or cap while he is engaged in his
employment.

Duty to render service. No person holding a taxicab
owner's license or a taxicab driver's license shall fail or refuse
to render service to an orderly person requesting service, provided
that this requirement shall not apply when the requested service would
be in violation of law, nor when mechanical failure, impassable roads
or barriers, strike or act of God prevent the rendition of such service,
nor when the prospective passenger is requested to tender and pay
the fare in advance and fails to do so.

Number of passengers. No person shall carry in any
taxicab a passenger or passengers in excess of the seating accommodations
in such cab, provided that an infant in arms shall not be deemed a
passenger within the meaning of this section.

No pickups after initial load. No taxicab driver,
after a taxicab has been hired by a passenger, or passengers traveling
together, shall pick up other persons along the route of destination.
No such driver shall solicit the permission of the passenger or passengers
first hiring the taxicab to pick up other persons.

No cruising. No taxicab driver shall engage in the
practice of cruising, i.e., repeatedly and persistently canvassing
the streets, or loitering upon said streets in such manner as to interfere
with the orderly movement of traffic or orderly ingress and egress
to public and private buildings. It is the purpose of this section
to prevent taxicab drivers from pursuing their business in such a
manner as to be a nuisance and from obstructing the orderly movement
of vehicular and pedestrian traffic.

Not to charge in excess of approved rates of fare.
It shall be unlawful to charge taxicab fares in excess of the fares
approved by the Common Council. Taxicab business licensees shall submit
fare schedules to the Council for approval.

Must comply with City and state laws. Each taxicab
driver licensed under this section must comply with all City, state
and federal laws. Failure to do so shall be cause for suspension or
revocation of license.

Taxicab "wars" prohibited. No taxicab owner and no
taxicab driver shall engage in a taxicab "war" with competitors. Damage
to a competing taxicab or injury to a competing taxicab driver while
engaged in such practice shall be cause for suspension or revocation
of license. The Common Council shall determine violations of this
section. Any person obtaining or holding a license under this section
is deemed to have consented to the exercise of such power by the Common
Council and that the determination of the Council hereunder shall
be final and conclusive.

Taxicab stands. Taxicab stands shall be established
at such place or places upon the streets of the City as determined
by the Common Council by appropriate ordinance or resolution. No vehicles
other than taxicabs shall occupy said stands.

Passenger must pay fare. No person shall refuse to
pay the legal fare of any taxicab licensed under this section after
having hired the same, and no person shall hire any such taxicab with
intent to defraud the person from whom it is hired of the value of
such service.

Police Department to enforce section. The Police Department
shall watch and observe the conduct of licensees under this section.
All violations shall be reported to the Committee of the Whole, which
Committee will order or take appropriate action.

License required. Every person residing in the City
who owns, harbors or keeps a cat which is more than five months of
age on January 1 of any year shall annually, at the time and in the
manner prescribed by law for the payment of personal property taxes,
obtain a license therefor.

Issuance of license. The application for such license
shall be made to the Director of Finance and Administration, who shall
execute and issue to the owner or keeper of the cat a license and
a durable tag with an identifying number, county in which issued and
the license year. The license year shall commence on January 1 and
end the following December 31. The owner or keeper of the cat shall,
upon procuring the license, place upon the cat a collar with the tag
furnished to him by the Director of Finance and Administration indicating
that the cat has been licensed as provided in this section.

Have a cat vaccinated against rabies and continue
with the vaccination as necessary to ensure that the cat is effectively
immunized against rabies at all times. At the time any owner or keeper
applies for a license for any cat provided in this section, the owner
or keeper shall exhibit a certificate from a veterinarian showing
that the cat in question is currently immunized against rabies.

Any device designed for the detection of an unauthorized
entry on the premises, prohibited act or any emergency that alerts
a municipal organization of its commission or occurrence and when
actuated gives a signal, either visual, audible or both, or transmits
or causes to be transmitted a signal. This shall not include a device
designed solely to alert the occupants of a building of fire or smoke
on the premises or illegal entry.

A system that gives a signal, either visual, audible or both,
on the exterior portion of the property, but does not leave that structure
by wire or radio wave to a control receiving location. This shall
not include a device designed solely to alert the occupants of a building
of fire or smoke on the premises or illegal entry.

Fee. The fee for residential alarm systems shall be
established from time to time by the Council, and said fees shall
be on record in the City Clerk’s office. All other systems shall
have a one-time permit fee as set by the Common Council. Separate
fees shall be required for each system or function.

Time to acquire. Systems now on premises within the
City shall obtain a permit within 90 days after the effective date
of this section. Any alarm system installed after the effective date
of this section must have a permit before the system is installed.

All alarm system permit holders in the City shall
assure that a key holder will be notified and arrive at the scene
of the alarm within 30 minutes after the Police or Fire Department
has been notified that the alarm has been activated. This response
is necessary in order to reset or gain entrance to the building.

Certain alarm systems include a dialer so that when
the system is activated the dialer automatically dials the fire, police
or emergency services and repeatedly gives a recorded message. No
person shall have installed or operate such an automatic dialer that
selects a municipal emergency service trunk line going into a municipal
building. Any system in operation on the effective date of this section
shall be modified so that it is no longer in violation, or be disconnected
not later than 90 days after the effective date of this section.

Hearing required. Before a permit issued pursuant
to this section may be revoked, a hearing must be held before the
Committee of the Whole of the City Council. Notice setting forth the
time, place and nature of the hearing shall be sent by mail, or delivered
to the permit holder at the address shown on the permit application,
not less than seven days prior to the hearing.

Application. Application for all permits required
under this section shall be filed in writing with the City Clerk.
The City Clerk shall prescribe the form of the application and request
any information that is necessary to evaluate and act upon the permit
application. The City Clerk shall deny a permit if the alarm system,
for which the permit is sought, does not comply with this section.

Information required. The permit shall contain the following information:
permit holder's name, date of birth, home address, e-mail address,
phone number, and address where alarm is installed, type of building
and use, type of system (silent, visual, audible or fire), manufacturer's
name and service company, and name, address, telephone number, and
e-mail address of individual to be notified in case of emergencies.
Upon issuance of each permit, the City Clerk's office shall forward
all records relating to such permit to the Police Department. The
Police Department shall annually review the permit records to determine
whether validly issued permits have been obtained by persons who have
alarm systems.

Limitations of liability. The City shall be under
no duty or obligation to a permit holder or to any other person of
any provision of this section. This liability includes, but is not
limited to, any defects in an alarm system or any delay in transmissions
or responses to any alarms.

Nonapplication to municipal corporations. Subsections B, C and D of this section shall have no application to municipal corporations. All other provisions of this section shall apply to municipal corporations except those which have no application by virtue of the nonapplication of the above-named subsections.[1]

Includes any and all varieties and breeds of pigeons, having
official seamless identification or national bands, and the pigeons
are not to be identified or classified as fowl when raised or used
in the sport.

License required. No person shall harbor or keep any
live pigeon or pigeons within the City unless a license therefor has
been first obtained from the City Clerk. Such license shall entitle
the licensee thereof to keep pigeons under the terms and conditions
of this section.

Application for license. The City Clerk shall prescribe the form of application which shall include the name of the applicant, location and type of structure wherein such pigeons are to be kept and any other information which may be necessary for the enforcement of this section. Along with the request for such license, the applicant shall provide a plan showing the construction and relevant location of the loft on his property. The loft location shall conform to Chapter 80, Building Construction, Chapter 110, Erosion Control, Chapter 124, Fire Prevention, Chapter 141, Historic Preservation, Chapter 201, Property Maintenance, and Chapter 275, Zoning, of this Code regarding setbacks from lot lines and other zoning and building requirements. Upon approval by the Chief Building Inspector of the submitted loft plan, the City Clerk shall issue the license.

Term of license. Licenses issued under this section
shall be valid for the period of one year and may be renewed annually
upon payment of the fees herein set forth; provided, however, that
a license shall not be renewed or a new license issued to any licensee
or applicant whose license under this section has been revoked until
he has complied with all the provisions of this section and has given
the City Council satisfactory assurance of future compliance.

Appeal. A person feeling aggrieved by any order under
this section may, within 20 days of the issuance of the order, appeal
to the Board of Appeals by serving a notice of appeal upon the City
Clerk and the Chief Building Inspector. The appeal shall be heard
and a time shall be set by the Board of Appeals not more than 30 days
nor less than five days after serving of the notice of appeal. The
City Clerk or the Board of Appeals shall notify all interested parties
of the time and place of the hearing at least 48 hours before the
time set for the hearing. The Board of Appeals may affirm, alter or
set aside any portion of the order appealed.

Any loft housing pigeons shall be elevated a
minimum of six inches and a maximum of 12 inches above grade to ensure
freeway beneath the loft. Further, the loft shall rest upon concrete
piers, cement blocks or other suitable foundation material. Any loft
built expressly to house pigeons shall have a maximum height of nine
feet.

An establishment having as its stock in trade for sale, rent,
lease, inspection or viewing books, films, video cassettes, magazines
or other periodicals which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specific
sexual activities or specified anatomical areas as defined herein
and, in conjunction therewith, have facilities for the presentation
of adult entertainment as herein defined, including adult-oriented
films, movies or live performances, for observation by patrons therein.

Any exhibition of any motion pictures, live performance,
display or dance of any type, which has as its dominant theme or is
distinguished or characterized by an emphasis on any actual or simulated
specified sexual activities or specified anatomical areas as herein
defined or the removal of articles of clothing or appearing partially
or totally nude.

An enclosed building with a capacity of fewer than 50 persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
as herein defined for observation by patrons therein.

An enclosed building with a capacity of 50 or more persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
as defined herein for observation by patrons therein.

Includes, but is not limited to, adult bookstores, adult
motion-picture theaters, adult mini motion-picture establishments
or adult cabaret, and further means any premises to which public patrons
or members are invited or admitted and which are so physically arranged
so as to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises for the purposes of viewing
adult-oriented motion pictures or wherein an entertainer provides
adult entertainment to a member of the public, a patron or a member,
whether or not such adult entertainment is held, conducted, operated
or maintained for a profit, direct or indirect.

Except as provided in Subsection B(4) below, from and after the effective date of this section, no adult-oriented establishment shall be operated or maintained in the city without first obtaining a license to operate issued by the City.

A license may be issued only for one adult-oriented
establishment located at a fixed and certain place. Any person who
desires to operate more than one adult-oriented establishment must
have a license for each.

All adult-oriented establishments existing at the
time of the passage of this section must submit an application for
a license within 90 days of the passage of this section. If an application
is not received within such ninety-day period, then such existing
adult-oriented establishment shall cease operations.

Any person desiring to secure a license shall make
application to the City Clerk. The application shall be filed in triplicate
with and dated by the City Clerk. A copy of the application shall
be distributed promptly by the City Clerk to the City Police Department
and to the applicant.

Chief of Police to conduct investigation of
applicants. Upon receipt of each application, the Clerk will refer
it immediately to the Chief of Police who will make and complete an
investigation of the statements in such application and an investigation
of each representative of the organization and each applicant within
reasonable dispatch after the application has been filed with the
Chief of Police. The Chief of Police shall endorse his findings upon
the application and deliver the application to the City Clerk.

The application for a license shall be upon a sworn
or affirmed application provided by the City Clerk. Each application
for a license shall identify all partners or limited partners of a
partnership applicant, all officers or directors of a corporate applicant
and all stockholders holding more than 5% of the stock of a corporate
applicant, or any other person who is interested directly in the ownership
or operation of the business and for each shall include the following
information:

If the applicant is a corporation, the application
shall specify the name of the corporation, the date and state of incorporation,
the name and address of the registered agent, the name and address
of all shareholders owning more than 5% of the stock in such corporation
and all officers and directors of the corporation and provide written
proof that each individual listed is at least 18 years of age.

If the applicant is a partnership, the application
shall specify the name and address of all partners or limited partners
and provide written proof that each individual listed is at least
18 years of age.

Whenever an application is denied, the City Clerk
shall advise the applicant in writing of the reasons for such action.
If the applicant requests a hearing within 10 days of receipt of notification
of denial, a public hearing shall be held within 10 days thereafter
before the Council as hereinafter provided.

Failure or refusal of the applicant to give any information
relevant to the investigation of the application or his refusal or
failure to appear at any reasonable time and place for examination
under oath regarding such application or his refusal to submit to
or cooperate with any investigation required by this section shall
constitute an admission by the applicant that he is ineligible for
such license and shall be grounds for denial thereof by the City Clerk.

No officer, director or holder of 5% or more
of stock of the corporation shall have been found to have previously
violated this section within five years immediately preceding the
date of the application.

No person having a financial interest in the
partnership, joint venture or other type of organization shall have
been found to have violated any provision of this section within five
years immediately preceding the date of the application.

Every license issued pursuant to this section will
terminate at the expiration of one year from the date of issuance
unless sooner revoked and must be renewed before operation is allowed
in the following year. Any operator desiring to renew a license shall
make application to the City Clerk. The application for renewal must
be filed not later than 60 days before the license expires. The application
for renewal shall be filed in triplicate with and dated by the City
Clerk. A copy of the application for renewal shall be distributed
promptly by the City Clerk to the City Police Department and to the
operator. The application for renewal shall be upon a form provided
by the City Clerk and shall contain such information and data given
under oath or affirmation as is required for an application for a
new license.

A license renewal fee as provided in § 152-2 of this chapter shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty as provided in § 152-2 shall be paid by an applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.

The operator or any employee of the operator
violates any provision of this section or any rule or regulation adopted
by the Council pursuant to this section; provided, however, that in
the case of a first offense by an operator where the conduct was solely
that of an employee, the penalty shall not exceed a suspension of
30 days if the Council shall find that the operator had no actual
or constructive knowledge of such violation and could not by the exercise
of due diligence have had such actual or constructive knowledge.

The Council before revoking or suspending any license
or permit shall give the operator at least 10 days' written notice
of the charges against him and the opportunity for a public hearing
before the Council as hereinafter provided.

Any operator whose license is revoked shall not be
eligible to receive a license for one year from the date of revocation.
If an operator's license is revoked, such revocation shall apply to
all of the operator's locations. No location or premises for which
a license has been issued shall be used as an adult-oriented establishment
for six months from the date of revocation of the license.

Physical layout of adult-oriented establishment. Any
adult-oriented establishment having available for customers, patrons
or members any booth, room or cubicle for the private viewing of any
adult entertainment must comply with the following requirements:

Access. Each booth, room or cubicle shall be totally
accessible to and from aisles and public areas of the adult-oriented
establishment and shall be unobstructed by any door, lock or other
control-type devices.

Occupants. Only one individual shall occupy a booth,
room or cubicle at any time. No occupant of same shall engage in any
type of sexual activity, cause any bodily discharge or litter while
in the booth. No individual shall damage or deface any portion of
the booth.

Every act or omission by an employee constituting
a violation of the provisions of this section shall be deemed the
act or omission of the operator if such act or omission occurs either
with the authorization, knowledge or approval of the operator or as
a result of the operator's negligent failure to supervise the employee's
conduct, and the operator shall be punishable for such act or omission
in the same manner as if the operator committed the act or caused
the omission.

Any act or omission of any employee constituting a
violation of the provisions of this section shall be deemed the act
or omission of the operator for purposes of determining whether the
operator's license shall be revoked, suspended or renewed.

No employee of an adult-oriented establishment shall
allow any minor to loiter around or to frequent an adult-oriented
establishment or to allow any minor to view adult entertainment as
defined herein.

The operator shall maintain at least 10 footcandles
of light in the public portions of the establishment, including aisles,
at all times. However, if a lesser level of illumination in the aisles
shall be necessary to enable a patron to view the adult entertainment
in a booth, room or cubicle adjoining an aisle, a lesser amount of
illumination may be maintained in such aisles; provided, however,
at no time shall there be less than one footcandle of illumination
in such aisles as measured from the floor.

Exclusions. All private and public schools as defined
in Ch. 115, Wis. Stats., located within the City are exempt from obtaining
a license hereunder when instructing pupils in sex education as part
of their curriculum.

Enforcement. The City Police Department or any of
its inspectors shall have the authority to enter any adult-oriented
establishment at all reasonable times to inspect the premises and
enforce this section.

Persons who have completed at least 100 classroom hours of
instruction in the practice of massage therapy or bodywork or have
practiced massage therapy or bodywork for compensation for at least
two years during the five-year period immediately preceding the date
of application. Evidence of completion of hours of instruction shall
be satisfied upon receipt by the City Clerk of a certified copy of
the applicant's academic transcript directly from the educational
institution.

The science and healing art that uses manual
actions to palpate and manipulate the soft tissue of the human body
and includes determining whether massage therapy or bodywork is appropriate
or contraindicated, or whether a referral to another health care practitioner
is appropriate.

Medical doctors, doctors of chiropractic medicine,
doctors of osteopathy, physical therapists, physicians' assistants
or nurses who are duly licensed to practice their respective professions
in the State of Wisconsin.

Barbers and beauticians who are duly licensed under
the laws of this state, except that this exemption shall apply solely
to the massage of the neck, face, scalp, hair, hands and feet of their
clients.

Hospitals or licensed nursing homes or persons working
within hospitals or licensed nursing homes who administer massage
therapy under the direct supervision and control of the hospital or
licensed nursing home administration, as the case may be.

Preemption by state law. This section is not intended
to preempt state statutes which license and regulate the services
offered by massage therapists or bodyworkers. More specifically, local
ordinances found in this section will not apply where registration
and licensing has been obtained by massage therapists or bodyworkers
pursuant to the provisions of Wisconsin Statute §§ 146.81(1)(hp),
180.1901(1m)(ag) and Chapter 460 of the Wisconsin Statutes.

License required for massage businesses. It shall
be unlawful for any person to engage in, conduct, carry on, or permit
to be engaged in, conducted, or carried on, in or upon any premises
in the City, the operating of a massage business as herein defined,
without first having obtained an occupancy permit or any other permit
required under the Code and a license for a massage business from
the City as provided under this section.

Every applicant for a license to maintain, operate,
or conduct a massage business shall file an application with the City
Clerk. The nonrefundable fee for the initial license shall be adopted
by the Common Council and is on file in the office of the City Clerk.
The initial fee is for an individual applicant or an applicant corporation
with no more than three shareholders or an applicant with no more
than three named lessees. An additional fee shall be assessed for
each additional shareholder and lessee.

Within 10 days from the filing of an application,
the City Clerk shall refer copies of such application to the Building,
Inspection and Zoning Department and Police Department. The appropriate
departments shall, within 30 days of referral by the City Clerk, inspect
the premises proposed to be operated as a massage business, investigate
the information contained in the application and make written recommendations
to the City Clerk concerning compliance with City codes and federal
or state law, as may be applicable.

Within 14 days of receipt of the recommendation from
the aforesaid departments, the City Clerk shall notify the applicant
in writing that the application has been granted, denied, or held
for further review. The period of such additional review shall not
exceed an additional 30 days unless otherwise agreed to by the applicant.
Upon the conclusion of such additional review, the City Clerk shall
notify the applicant in writing whether the application is granted
or denied.

Whenever an application is denied or held for further
review, the City Clerk shall advise the applicant of the reasons for
such action. An application may be denied by the City Clerk if it
is found that:

The operation of the massage business, as proposed
by the applicant, if permitted, would not comply with the applicable
federal, state or local ordinances, rules or regulations, including
but not limited to, the building, fire or zoning code of the City;
or

A felony or misdemeanor conviction for bodily
harm; or any offense involving sexual misconduct including, but not
limited to, prostitution, soliciting for a prostitute, keeping a place
of prostitution or other offenses involving moral turpitude, provided
that such conviction substantially relates to the licensed activity.

A misdemeanor or ordinance violation based upon
conduct or involvement in the massage business or similar or related
business activity within the City or any other City, village or Town,
or had a massage business license denied, revoked or suspended by
the City, or any other jurisdiction; or

The City Clerk, at his or her discretion, may issue a massage business license to any person convicted of any of the crimes enumerated in Subsection F(4)(b)[1] and of this section if he or she finds that such conviction occurred at least 10 years prior to the date of application, the applicant has had no subsequent convictions, and the applicant has shown evidence of rehabilitation sufficient to warrant the public trust.

The failure or refusal of the applicant to promptly
give any information relevant to the investigation of the application,
or the applicant's refusal or failure to appear at any reasonable
time and place for examination under oath regarding said application,
or the applicant's refusal to submit to or cooperate with any inspection
required by this section shall constitute an admission by the applicant
that the applicant is ineligible for such license and shall be grounds
for denial thereof.

Appeal process. The denial of the City Clerk with
regard to the issuance or renewal of any license under this section
shall be reviewable by the Common Council upon the written request
of the applicant filed with the Clerk within 10 days of such denial.
The Common Council shall conduct a hearing to review the material
provided the City Clerk, or any other City department or employees
or witnesses. The applicant may present any evidence relevant to the
denial. The decision of the Common Council shall be provided in writing
to the applicant not more than 15 days after conclusion of the hearing.

The application for a license to operate a massage
business shall state the proposed number of employees, hours of operation,
the business, name, address and telephone number of the business,
and other relevant matters to the operation of business.

In addition to the foregoing, all applicants for a
license, including any individual person, any partner of a partnership
applicant, or any officer or director of a corporate applicant and
any stockholder holding more than 7% of the shares of stock of a corporate
applicant, shall furnish, under oath as may be applicable, the following
information:

The massage or similar business license history
of the applicant; whether such person, in previously operating in
this or another village, City or state under license, has had such
license revoked or suspended, the reason therefor, and the business
activity or occupation subsequent to such action of suspension or
revocation;

If the applicant is a corporation, or limited
liability company, a copy of its articles of incorporation and/or
authorization to do business in the State of Wisconsin, issued not
less than 30 days prior to the date of application and which by the
State of Wisconsin shall be attached to the application;

Authorization by the applicant that the City,
its agents and employees may seek information and conduct an investigation
into the truth of the statements set forth in the application and
the qualifications of the applicant for the license; and

Written declaration by the applicant or its
authorized agent, under penalty of perjury, that the information contained
in the application is true and correct, said declaration being duly
dated, signed and notarized.

The application for a license to operate a massage
business shall state the current name(s), current street address(es),
and current telephone number(s) of the individual(s) who will be the
business' massage therapist(s) or who are sublessees of the applicant.

Massage therapist license. Any person, including an
applicant for a massage business license who engages in the practice
of massage as herein defined, shall file an application for a massage
therapist license with the City Clerk unless said person is exempt
from these license requirements as otherwise provided for hereunder.
The fee for the initial license shall be adopted by the Common Council
and on file in the office of the City Clerk. A sole proprietor with
no employees who sublets space from a licensed massage business does
not need a separate massage business license. The City Clerk shall
have 30 days to investigate the information contained in the application
and the background of the applicant. Upon completion of the investigation,
the City Clerk shall grant the license, if, in addition to the finding
that the applicant will work in any business which has been granted
a license under this section, the following requirements have been
met:

Evidence of malpractice liability insurance coverage
in an amount that is not less than $1,000,000 per occurrence and $1,000,000
for all occurrences in one year or, in the alternative, evidence that
the applicant is listed as an insured party under the liability policy
of the licensed massage business by whom the applicant will be employed.

Attestation that the applicant has not been convicted
of an offense which substantially relates to the licensed activity
involving the use of force and violence upon the person of another
that amounts to a felony, an offense involving sexual misconduct,
or an offense involving narcotics, drugs, controlled substances or
weapons.

Renewal of license. Application to renew a license
to operate a massage therapy business or massage therapist's license
shall be filed at least 45 days prior to the date of expiration. Such
renewal shall be made annually for the business and for the therapist,
and shall be accompanied by the annual license renewal fee, which
shall be adopted by the Common Council and on file in the office of
the City Clerk.

The applicant shall present the following information
to the City Clerk's office: a sworn affidavit by the applicant stating
that the matters contained in the original application have not changed,
or, if they have changed, specifically stating changes which have
occurred.

Revocation or suspension of license. Any license issued
for a massage business or for a massage therapist may be revoked or
suspended by the City of New Berlin after notice and a hearing before
the Common Council, for good cause, including but not limited to any
case where any of the provisions of this section are violated or where
any employee of the licensee, including a massage therapist, engages
in any conduct which violates any of the state or local laws or ordinances
at the licensee's place of business and the licensee has actual knowledge,
constructive knowledge or should have had such knowledge by due diligence.

The licensee or person designated by the licensee
of a massage business shall maintain a register of all persons employed
at any time as massage therapists. Said register shall be available
at the massage business to representatives of the City of New Berlin
during regular business hours.

No operator of a massage business may employ or allow
to operate in his premises any person as a massage therapist or bodyworker
unless said employee has obtained and has in effect a massage therapist
license issued by the City or who is exempted from said licensing
requirements by the terms of this section.

Display and transfer of license. Every licensee shall
display a valid license in a conspicuous place within the massage
business so that the same may be readily seen by persons entering
the premises. No license for the operation of a massage business issued
pursuant to the provisions of this section shall be transferable from
one person or entity to another person or entity. The sale or transfer
via one or more transactions of an interest of 50% or greater from
the date of application in a massage therapy business shall cause
a license to become null and void. A new application shall be made
by any person desiring to operate or maintain a massage therapy business.

Public nuisance. Any building used as a massage therapy
business in violation of this section with the intentional, knowing,
reckless or negligent permission of the owner of the business or building
where said business is located is hereby declared to be a nuisance,
together with all fixtures and other property used in violation of
this section.

Penalty. Any person violating this section, or the conditions of a permit issued hereunder, shall be fined in accordance with the penalty provision of § 152-19. The City also reserves the right to bring any and all injunctive and other relief in the Circuit Court of Waukesha County.

In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by Chapter 1, General Provisions, § 1-18 of this Code.

Amusement license. Any nonresidential premises in
which amusement devices are offered for use by patrons shall obtain
an amusement license for said devices. For purposes of this section,
amusement devices shall include but not be limited to: electronic
games, pool tables and jukeboxes. The fee for each amusement device
shall be established from time to time by the Common Council by resolution.
Any premises with 11 or more amusement devices shall provide evidence
of a use approval having been given by the City of New Berlin Plan
Commission for an arcade before such license shall be issued.

Coin machine license. No one may operate a coin machine
in the City of New Berlin unless they obtain an annual license to
permit that activity. The cost of the license shall be established
by action of the Common Council by resolution from time to time.

Amusement distributor/vendor license. No one may distribute,
lease and/or sell amusement devices within the City of New Berlin
without an annual license to do so. The cost of said license shall
be established from time to time by action of the Common Council by
resolution.

Purpose. This section adopts the State of Wisconsin
Weights and Measures Regulations and establishes a Weights and Measures
Program wherein any person or entity subject to said regulations must
obtain a license in order for the City to comply with and recoup the
costs of enforcing said regulations. This section is adopted pursuant
to the provisions of Chapter 98, Wis. Stats.

Application of state codes. Except as otherwise specifically
provided in this section, the provisions of Chapter 98, Wis. Stats.,
Weights and Measures, and Chapters ATCP 90, 91 and 92 of the Wisconsin
Administrative Code are hereby adopted and by reference made a part
of this section as though fully set forth herein. Any act required
to be performed or prohibited by any statute or code incorporated
herein by reference is required or prohibited by this section. Any
future amendments, revisions or modifications of the statutes and
codes incorporated herein are intended to be made a part of this section.

State contract. In order to assure compliance with
the requirements of the State of Wisconsin related to the inspection
and certification of weights and measures, the City shall contract
with the State of Wisconsin Department of Agriculture, Trade and Consumer
Protection, pursuant to § 98.04(2), Wis. Stats., in lieu
of the establishment of a department of weights and measures.

Appointment of inspectors. The provisions of the contract set forth in Subsection C(1) shall provide for the enforcement of the statutes and regulations set forth herein, and the City hereby grants the authority and duties of sealers and inspectors required by this section to the State of Wisconsin Department of Agriculture, Trade and Consumer Protection.

Compliance required. All persons and entities required
to be licensed hereunder shall comply with the enforcement of the
statutes and regulations set forth herein, shall comply with the orders
and inspections of the inspectors appointed herein, and shall comply
with the licensing requirements set forth herein.

Weights and measures of every kind, instruments and devices
for weighing and measuring, and any appliances and accessories used
with any or all such instruments and devices, except meters for the
measurement of electricity, gas (natural and manufactured) or water
when the same are operated in a public utility system. Weights and
measures shall include devices used or employed in establishing the
size, quantity, extent, area or measurement of quantities, things,
produce or articles for sale, hire or award, or in computing any basic
charge or payment for services rendered on the basis of weight or
measure and shall include, but not be limited to, commodities, liquid
measuring devices, scales, weighing, measuring and price verification
systems, timing devices and linear measuring devices.

License requirements. Except as provided in Subsection E(2), no person or entity shall use, operate or maintain any commercial weights and measures as defined in this section unless the person or entity is licensed by a weights and measures license issued pursuant to the provisions of this section.

Exemptions. Sales by a person registered as a direct
seller or by a holder of a farmer's market, vendor vehicle or special
event permit are exempt from licensing under this section, but if
any person exempted herein is required by the state to hold a state
certificate of examination by the Sealer of Weights and Measures,
a copy of said certificate shall be provided to the City with his
or her application for direct seller registration or a farmer's market,
vendor vehicle or special events permit.

Application for license. An application for a weights
and measures license shall be made in writing on a form provided by
the City Clerk and shall be signed by the owner of the commercial
business or by its authorized agent. Such application shall state
the type of the business, the type and number of weighing, measuring
and scanning devices used by the business, the location of the devices,
the number of check-out lanes present on the premises, the applicant's
full name, post office address and telephone, and whether such applicant
is an individual, partnership, limited liability company, corporation
or other entity. If the applicant is a partnership, the application
shall state the names and addresses of each partner. If the applicant
is a corporation or limited liability company, the application shall
state the names and addresses of all members, officers and agents
of the applicant, including the registered agent thereof.

Issuance of licenses and fees. Upon compliance with
this section, the City Clerk shall issue a license to the applicant
upon payment of the annual license fee set by the Common Council.
Each store or other business shall require a separate license.

The initial license issued to businesses existing
on the effective date of this section shall be for six months, effective
on January 1, 2008, and expiring on June 30, 2008, and the license
fee shall be prorated.

Enforcement for nonrenewal. It shall be the duty of
the City Clerk to notify appropriate City officials and to order the
immediate enforcement of the provisions of this section in cases involving
a failure to renew a weights and measures license. A licensee shall
be prohibited from engaging in any business involved in weights and
measures until such time as a valid license has been obtained under
the provisions of this section.

Annual assessment. The Common Council shall annually
assess fees to each licensee based on the number and type of weights
and measures devices it operates as of the date of licensure or the
date of renewal. The total of the fees assessed and collected under
this subsection shall not exceed the actual costs of the weights and
measures contract between the City and the state.

Clerk to prepare assessment schedule. The City Clerk
shall at least annually prepare a proposed schedule of assessments
which shall be based upon the state contract charges and the number
of weights and measures devices being operated, which schedule shall
be submitted to the Common Council. A copy of the proposed schedule,
together with notice of the date and time at which the Common Council
will consider the assessments, shall be mailed to each licensee.

Common Council to determine assessment. Not less than 10 days after the mailing set forth in Subsection J(2), the Common Council shall consider the Clerk's proposed schedule of assessments and determine the schedule of assessments on a reasonable basis. The City Clerk shall mail to each licensee an invoice for the amount of the fee assessment to the licensee as determined by the Common Council, and each licensee shall pay the fee assessed within 30 days after the date the notice is mailed.

Failure to pay assessment. If the assessed fee is
not paid within 30 days of the date of the mailing of the invoice,
an additional administrative collection charge of 10% of the total
assessment shall be added to the amount due, plus interest shall accrue
on the assessment at the rate of 1.5% per month or fraction thereof
until paid. To the extent permitted by law, if the licensee is the
owner of the real estate where the licensed business is located, any
delinquent assessment shall be extended upon the current or the next
tax bill as a special charge against the real estate premises for
current services. No license shall be issued or renewed under this
section if the licensee is delinquent in the payment of a fee assessed
under this section.

Mailing of notices. Schedules, notices and invoices
shall be considered mailed to a licensee when mailed by first class
mail, postage prepaid, to the licensee at the licensee's address as
shown on the application form.

Change of ownership. If the ownership of a commercial
business licensed under this section is transferred during a license
year, the owner of the business as of July 1 of the license year shall
be liable and responsible for the payment of the fees assessed under
this section.

Violations. In addition to any other remedy, any person who fails to comply with the provisions of this section shall, upon conviction thereof, be subject to the penalties as set forth in § 1-18 of this Code. Each day a violation exists or continues shall constitute a separate offense.

State statutes adopted. The provisions of § 134.71, Wis Stats., relating to secondhand dealers, are hereby adopted and made a part of this section by reference, with the exceptions set forth in Subsection A(2) and (3). Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this section in order to secure uniform regulation. A violation of such provision shall be a violation of this section.

As part of the license application procedure required under § 134.71,
Wis Stats., anyone making application shall also furnish to the City
the name, age, race, date of birth and address of all employees.

Every transaction conducted by a secondhand article dealer
in which an article or articles are received by a secondhand article
dealer through purchase, consignment, or trade, or in which a previous
agreement is renewed, extended, voided, or redeemed, or for which
a unique transaction number or identifier is generated by their point-of-sale
software, or an item is confiscated by law enforcement, except: the
bulk purchase or consignment of new or used articles from a merchant,
manufacturer, or wholesaler having an established permanent place
of business, and the subsequent retail sale of said articles, provided
that the secondhand article dealer must maintain a record of such
purchase or consignment that describes each item, and must mark each
item in a manner that relates it to that transaction.

Any transaction as a purchaser of a secondhand article from
a charitable organization if the secondhand article was a gift to
the charitable organization, or as a seller of a secondhand article
that the person bought from a charitable organization if the secondhand
article was a gift to the charitable organization.

Any transaction as a seller of a secondhand article made or
conducted by a public officer, receiver, trustee, personal representative
or a private auctioneer or estate seller pursuant to a judicial sale
or a court-ordered or authorized liquidation sale, or of a secondhand
article that the person bought from public officer, receiver, trustee,
personal representative or a private auctioneer or estate seller pursuant
to a judicial sale or a court ordered or authorized liquidation sale.

A person wishing to operate as secondhand article dealer shall apply
for a license to the City Clerk. The license will be filled out properly
and in compliance with the Wisconsin license application. The license
fee shall be $50 per year. The Clerk shall furnish application forms
approved by the Police Department that shall require all of the following:

A statement as to whether the applicant, including an individual,
agent, officer, director, member, partner, manager, or proprietor,
has been convicted of any crime, statutory violation punishable by
forfeiture, or county or municipal ordinance violation. If so, the
applicant must furnish information as to the time, place and nature
of the offense of all such violations.

Whether the applicant or any other person listed in § 152-22 has ever used or been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places used.

Whether the applicant or any other person listed in § 152-22 has previously been denied or had revoked or suspended a pawnbroker, secondhand article dealer or secondhand jewelry dealer license from any other governmental unit. If so, the applicant must furnish information as to the date, location, and reason for the action.

Investigation of license applicant. The Police Department shall investigate each applicant and any other person identified pursuant to § 152-22C. The Police Department shall furnish its recommendation derived from the investigation to the City Clerk. The investigation shall include each agent, officer, member, partner, manager, proprietor or employee. The City shall receive from the applicant an appropriate fee as shall have been established by the Common Council from time to time, to defray such investigative costs.

The applicant, including an individual, a partner, a member
of a limited liability company, a manager, a proprietor, or an officer,
director, or agent of any corporation applicant, does not have an
arrest or conviction record, subject to §§ 111.321,
111.322 and 111.335 of the Wisconsin Statutes or has not been involved
in any crimes, misdemeanors or offenses involving dishonesty or otherwise
reasonably related to the sale of property within 10 years.

License fee. The annual license fees for licenses issued under this
section shall be established by the Common Council from time to time,
and shall be received by the City prior to issuance of the license.
The license fee shall be $50 per year at this time.

License denial, suspension, or revocation. The City may deny, suspend,
or revoke any license issued by it under this section for fraud, misrepresentation
or false statement contained in the application for a license, or
for any violation of this section or Wisconsin Statutes §§ 134.71,
943.34, 948.62 or 948.63 or for any other violation of local, state
or federal law substantially related to businesses licensed under
this section.

Place of business. A license under this section authorizes the licensee
to carry on its business only at the permanent place of business and
one or more off-site locked and secured storage facility each of which
shall be designated in the license. The licensee shall permit inspection
of either facility in accordance with this section. All provisions
of this section regarding recordkeeping and reporting apply to any
facility and their contents.

At the time of any reportable transaction other than renewals, extensions,
redemptions or confiscations, every licensee must record in English
the following information by using, as provided in 152-22D(3), a computerized
record approved by the Police Department:

A complete and accurate description of each item including,
but not limited to, any trademark, identification number, serial number,
model number, brand name, or other identifying mark on such an item.

Date, time and place the item of property was received by the
licensee, and the unique alpha and/or numeric transaction identifier
that distinguishes it from all other transactions in the licensee's
records.

Full name, current residence address, current telephone number,
date of birth and accurate description of the person from whom the
item of the property was received, including sex, height, weight,
race, color of eyes and color of hair.

Digitalized photographs. The licensee must fulfill the color
photograph requirements by submitting them as digital images, in a
format specified by the issuing authority, electronically cross-referenced
to the reportable transaction they are associated with.

Inspection of records. Records must at all reasonable times be open
to inspection by the Police Department. Data entries shall be retained
for at least three years from the date of transaction. Entries of
required digital images shall be retained a minimum of 90 days.

Reports to police. The Police Department will provide licensees with
a user name and password for the current version of NEWPRS. Licensees
must submit every reportable transaction to the NEWPRS system daily.
All records must be transmitted completely and accurately after the
close of business each day in accordance with standards and procedures
established by the issuing authority.

If a licensee is unable to successfully transfer the required
reports via the Internet for the day, the licensee must provide the
Police Department, upon request, printed copies of all reportable
transactions along with the video recordings for that date by noon
the next business day.

If the problem is determined to be outside the licensee's
system, the licensee must continue to provide the required reports,
and resubmit all such transactions via the Internet when the error
is corrected.

Regardless of the cause or origin of the technical problems
that prevent the licensee from uploading their reportable transactions,
upon correction of the problem, the licensee shall upload every reportable
transaction from every business day the problem had existed.

Receipt required. Every licensee must tender a receipt to the party
identified in every reportable transaction and must maintain a duplicate
of the receipt of three years. The receipt must include at least the
following information:

An accurate description of each item received including, but
not limited to, any trademark, identification number, serial number,
model number, brand name, or other identification number, serial number,
model number, brand name, or other identifying mark on such an item.

A representative of the Police Department will pick up the previous
month's original transaction reports from the businesses. If
a representative from the Police Department is unable to pick up the
transaction reports, a representative from the business may drop off
the transaction reports at the City of New Berlin Police Department.

During the period set forth in Subsection E(1) above, the article shall be held separate from saleable inventory and may not be altered in any matter. The secondhand article dealer shall permit any law enforcement officer to inspect the article during this period.

Items such as gold and silver bullion that are bought by the licensee
shall be held on the premises for 48 hours after the date of purchase
or receipt before the licensee can melt the items or transfer to any
other person or entity for the purpose of melting down. The secondhand
dealer is required to take detailed photographs and make a detail
description of the bullion prior to being sold or melted down.

Investigative hold. Whenever a law enforcement official from
any law enforcement agency notifies a licensee not to sell an item,
the item must not be sold or removed from the premises until notified
by the investigating agency to do so. The order to hold shall expire
90 days from the date it is placed unless the law enforcement official
determines the hold is still necessary and notifies the licensee in
writing.

Whenever the Chief of Police, or the Chief's designee,
notifies a licensee not to sell an item, the item must not be sold
or removed from the licensed premises until authorization to be released
by the Chief or the Chief's designee. The order to hold shall
expire 90 days from the date it is placed unless the Chief of Police
or the Chief's designee determines the hold is still necessary
and notifies the licensee in writing.

If an item is identified as stolen or evidence in a criminal case, the Chief or the Chief's designee may take physical custody of the item and remove it from the shop, pursuant to a written order from the Chief or the Chief's designee, or place the item on hold or extend the hold as provided in § 152-22E(5)(b), and leave it in the shop.

When an item is taken into physical custody by a law enforcement
official, the person doing so shall provide identification upon request
of the licensee, and shall provide the licensee the name and phone
number of the agency and investigator, and the case number if any,
related to the matter under investigation or prosecution.

When an order to hold is no longer necessary, the Chief of Police
or Chief's designee shall so notify the licensee, and the licensee
may reclaim the item, and may thereafter dispose of the item in accordance
with the terms of this section.

Inspection of items. At all reasonable times during the terms of
the license, the licensee must allow law enforcement officials to
enter the premises where the licensed business is located, including
all off-site storage facilities, during normal business hours, except
in an emergency, for the purpose of inspecting such premises and inspecting
the items, wares and merchandise and records therein to verify compliance
with this section or other applicable laws.

No person under the age of 18 years may sell or attempt to sell goods
with any secondhand article dealer, nor may any secondhand article
dealer purchase any goods from a person under the age of 18 years.

A secondhand article dealer may engage in a transaction with a minor
if the minor is accompanied by his or her parent or guardian at the
time of the transaction and the parent or guardian signs the transaction
form and provides identification as required by this section.

No licensee may receive any goods, unless the seller presents identification
in the form of a valid driver's license, a valid State of Wisconsin
identification card or current valid photo driver's license,
a valid passport, or identification card issued by the state or province
of residency of the person from whom the item was received.

No person may sell, consign, leave or deposit any article of property
not their own; nor shall any person sell, consign, leave, or deposit
the property of another, whether with permission or without; nor shall
any person sell, consign, leave, or deposit any article of property
in which another has a security interest with any licensee.

No person seeking to sell, consign, leave, or deposit any article
of property with any licensee shall give a false or fictitious name;
nor give a false date of birth; nor give a false or out-of-date address
of residence or telephone number; nor present a false or altered identification,
or the identification of another, to any licensee.

A special event which may have the attributes of a Class
II event but in addition meet the following criteria: more than 500
people (any/all personnel, including volunteers, vendors and attendees)
attend; one or more roadways will need to be blocked off (The City
Clerk may determine the event to be a Class II depending on the closure
and the size of the event); City resources and/or staff are to be
utilized beyond their normal required duties. Any activities under
Class II permits are permissible under the Class I permit.

A special event in which more than 150 people (This includes
any/all personnel, volunteers and attendees.) and any of the following
occurs: alcohol is sold or served as a publically open event; the
event will include amplified music or outdoor entertainment; any direct
or indirect charge for food, merchandise or services; donations are
solicited/collected.

Is any event held in the City that requires the use of public
streets, rights-of-way, sidewalks or City property or are otherwise
likely at the discretion of the City to create substantial impacts
on the operations of the City, surrounding neighbors or neighborhoods.
Special events include but are not limited to sporting events, festivals,
fairs, parades, walks, runs/marathons, bike-a-thons, races, markets,
block parties, exhibitions, motion picture filming and other events
similar in nature. "Special events" can also be classified as any
event that may require public safety and City services above and beyond
their normal functions. Events held on private property that are open
to the public may require a special event permit if the event has
a significant impact on the City's operations and residents.

No person or organization shall conduct a special event as defined
herein within the City of New Berlin without first having obtained
a special event permit. Permits are valid only for the dates, times
and locations specified in the permit application. This provision
shall apply to all events proposed after the date of the adoption
of this section, whether or not the event in question has been a reoccurring
event within the City.

Permits for vendors. All vendors operating as part of a special event permit obtained under this section shall obtain and display a direct sellers permit and abide by the provisions under § 152-5 of the Municipal Code. Food trucks and mobile vendors are also required to obtain a direct sellers permit under this section.

Charitable solicitors. All charitable solicitors operating as part of a special event permit obtained under this section shall obtain and display a charitable solicitors permit and abide by the provisions under § 152-6 of the Municipal Code.

Permits for sale of beer/wine. The sale of beer and/or wine requires
a temporary Class "B" license available through the City Clerk's
office and there must be either a licensee or a person holding an
operator's license on site in accordance with §§ 125.17(1),
125.32(2), and 125.68(2), Wis. Stats.

Loudspeaker permit. Special events containing amplified music are required to obtain a loudspeaker permit from the Police Department and abide by the provisions under § 152-9 of the Municipal Code. Any variance to the hours outlined in this permit must be approved by the Common Council.

Fireworks. Special events using fireworks must obtain a permit from the Fire Department and requires Common Council approval. Fireworks permit applicants must abide by the provisions under § 124-12I of the Municipal Code.

Application for a Class I special event permit shall be filed
with the City Clerk's office at least 90 days prior to the proposed
event. (An application will not be deemed to have been filed until
it is complete and contains all of the information required under
this section.)

Upon receipt of an application for a permit, the City Clerk
shall immediately distribute the complete application to the following
departments for review: Police, Fire, Buildings and Grounds, Recreation,
Community Development and Streets. Department review and comments
shall be returned to the City Clerk within 15 days of distribution
of the application.

The City Clerk shall review all comments and recommendations
provided by the departments and determine if the event requires Board
or Commission approvals. The City Clerk will follow up with the applicant
to ensure the appropriate licenses and permits are obtained for the
event.

The Department of Community Development will review applications to determine if a temporary use permit may be required according to Chapter 275 of the Municipal Code. Additionally, Plan Commission or the Community Development Authority approval may be required for an event that is not customarily a permitted use under the current zoning of the property.

Liability insurance. The group sponsoring the event is required to
supply the City with a certificate of liability insurance at least
30 days prior to the event. The certificate shall be written on a
per-occurrence basis, and while the amount of coverage will vary depending
on the size and nature of the event, the minimum coverage required
by the City is $1,000,000 and $2,000,000 in the aggregate. The City
also requires evidence of a policy endorsement naming the City of
New Berlin and any and all of its officers and employees as an additional
insured on a primary and noncontributory basis. The City Clerk may
waive the insurance requirement depending on the size and scope of
the event.

Indemnification. The applicant and event sponsor(s) shall agree to
hold the City, its officers, employees, agents and contractors harmless
against all claims, liability, loss, damage or expense (including
but not limited to actual attorney's fees) incurred by the City
for any damage or injury to person or property caused by or resulting
directly or indirectly from the activities for which the permit is
granted. Any change to coverage requires City approval.

City services. All requests by the applicants for City services must
be made at the time of application. The applicant shall be responsible
for reimbursement to the City for any city personnel, services, equipment,
and facilities provided for the special event. Reimbursement costs
shall be calculated to include wages, overtime and fringe benefits
and is due within 30 days of receipt of invoice. The City reserves
the right to require full or partial payment of estimated costs in
advance. All permit, signage and barricade costs are due prior to
the special event.

Cleaning/damage deposit. The applicant may be required to submit
to the City a deposit of $200 for a Class I event depending on the
size and number of attendees. The deposit will be refunded to the
applicant after an inspection of the premises is conducted and the
City determines there is no loss or cleaning costs. The applicant
shall be fully responsible for necessary cleanup associated with the
permitted event, which must be completed no later than 12 hours after
the conclusion of the event. The City reserves the right to retain
the entire deposit if cleanup is not satisfactorily completed in the
time frame specified.

Electricity requirements will be reviewed by the Community Development
Department's Inspection Services to determine if an inspection
is needed. Electric service must meet all City of New Berlin Code
requirements.

It is the responsibility of the special event sponsor for arranging
any inspections required to meet these standards or requirements prior
to the event. Any fees for such inspections shall be the responsibility
of the special event sponsor.

Notification to residents. The City may require that the permit holder
provide written notice 15 days' in advance of the special event
to any property owners or tenants as determined during the City departments'
review. Notice shall include the type of event, name of the special
event sponsor(s), date, time and location, event coordinator's
name and contact information during the event.

Termination of an event. The City reserves the right to shut down a special event that is in progress if it is deemed a public safety hazard and/or public nuisance by police services and/or Fire Department and/or Emergency Management and/or there is a violation of City ordinances, state statutes or the terms of the applicant's permit. The City Clerk and/or his/her designee may revoke an approved special event permit. Note: there are also revocation, enforcement and penalties provided for in Article X in § 275-66, 275-67, 275-68, and 275-69. If the zoning permit/temporary use permit is revoked, there ceases to be an event.